Clark v. Sears
Supreme Court of Iowa
Appeal from the Jackson District Court. This was a petition in chancery, to enforce the specific execution of an agreement to convey certain real estate, and to enjoin proceedings at law, to recover the possession of •' the same, begun by defendant.
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Appeal from the Jackson District Court. This was a petition in chancery, to enforce the specific execution of an agreement to convey certain real estate, and to enjoin proceedings at law, to recover the possession of •' the same, begun by defendant. The petition alleges that i defendant, having the legal title, on the 1st day of January, , 1853, sold the land to one Parsons, reserving the fence; i that Parsons, in consideration thereof, was to make a divis- \ ion fence between him and defendant, and was to pay him r‘ fifty dollars, January 1st, 1854, and fifty dollars, January 1st, 1855, with…
1Opinion of the Court
Stockíon, J.
The judgment in this case must be affirmed. It is unnecessary for us to discuss at any length either the facts or the law, as applicable thereto. It will be sufficient to remark, that plaintiff is shown by the evidence, to have been ready to pay the installment of the purchase money, due on the 1st of January, 1854; that he sought the defendant at his usual place of business, on or about that day, in order to pay him, and did not find him; and that on several days between the first and fifteenth of the month, he was ready and anxious to pay the money, and when he tendered it,…
2Cited by1 opinion
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