McKenzie v. Whetzel
Supreme Court of Iowa
Appeal from Palo Alio District Court. — James DeLaNd, Judge. ACTION in equity for the specific performance of an alleged contract to sell real estate. Intervention by a third party, who claimed also to have purchased the land of the defendant, and who asked for the specific performance of his contract. The court found against the intervener, and decreed specific performance of plaintiff’s contract. Defendant appeals. —
1Opinion of the CourtStevens, J.
Tbe contract which plaintiff seeks to have specifically performed is found in certain telegrams and letters exchanged between the defendant and one H. M. Iielgen, a real estate agent at Emmetsburg, Iowa, who acted for defendant in the sale of the north half of the south half and the south half of the north half of Section 26, Township 94 north, Range 33, located in Palo Altó County, Iowa, containing 320 acres, more or less. The correspondence between them began on March 31st, when defendant wrote Helgen, proposing to list the above-described land with him for sale. Helgen answered the letter…
2Cases cited2 opinions
- Wilson v. DelaneySupreme Court of Iowa · 1907
- Caulkins v. WardSupreme Court of Iowa · 1905