Brooks v. Westover
Supreme Court of Iowa
Appeal from GTiiekasaw Gireuit Oov/rt. Action in equity to enforce the specific performance of an alleged contract, on the part of defendant, to convey to the plaintiff certain land at $16 per acre. The defendant denied the contract as alleged, but admitted an oral contract to sell the land to plaintiff at $20 per acre. The defendant also filed a counter-claim for damages alleged to have been sustained by reason of the malicious institution and prosecution of the action.
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Appeal from GTiiekasaw Gireuit Oov/rt. Action in equity to enforce the specific performance of an alleged contract, on the part of defendant, to convey to the plaintiff certain land at $16 per acre. The defendant denied the contract as alleged, but admitted an oral contract to sell the land to plaintiff at $20 per acre. The defendant also filed a counter-claim for damages alleged to have been sustained by reason of the malicious institution and prosecution of the action. The plaintiff dismissed his petition, and the case was submitted on the counter-claim, and judgment was rendered against…
1Opinion of the CourtAdams, J.
The defendant presents the case as triable de novo, and also upon assigned errors. We have to say that the case cannot be tried de novo, for the reason that the abstract does not purport to be an abstract of all the evidence. The defendant, we presume, relies in this respect upon a certificate of the judge, which purports to have been attached to *370the evidence. Bat that would only show that the evidence was made of record. It can show nothing in respect to the abstract. The plaintiff, after dismissing his petition, filed an unverified reply to the defendant’s verified counter-claim. The…
2Cited by1 opinion
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