Legal Opinion
Hopwood v. McCausland
Supreme Court of Iowa
Decided April 11, 1903PublishedCited by 33 opinions
Appeal from Monona District Court. — HoN. Geo. W. WaKefield, Judge. Suit in equity for the specific performance of an agreement to sell and convey real estate. Defendant pleaded abandonment of the contract and an estoppel, and also asked reformation of the contract on the ground of mistake. The trial court dismissed plaintiff’s petition, and he appeals.
1Opinion of the CourtDeemeh, J.
On the 7th day of September, 1898, the parties entered into the following contract, which was partly in writing and partly in print, to wit:
“That for and in consideration of $13,920 dollars, payable as follows: Fifty dollars cash, the receipt of which is *220hereby acknowledged, nine hundred and fifty dollars October 7th, 1898, three thousand sis hundred and forty dollars, March 1, 1899, nine thousand two hundred and eighty dollars March 1, 1904, at 7 per cent, interest from March 1, 1899, to be secured by first mortgage on real estate hereinafter described.
“The said Fred McCausland party of the…
2Cases cited3 opinions
- Marble Co. v. RipleySupreme Court of the United States · 1870
- Lee v. PercivalSupreme Court of Iowa · 1892
- Parsons v. Gilbert, Hedge & Co.Supreme Court of Iowa · 1876
3Cited by33 opinions
- Trogden v. . WilliamsSupreme Court of North Carolina · 1907
- In re Listing & Assessing Property of Shields Bros.Supreme Court of Iowa · 1907
- Western Securities Co. v. AtleeSupreme Court of Iowa · 1915
- Wolf v. LodgeSupreme Court of Iowa · 1913
- Barnes v. ReaSupreme Court of Pennsylvania · 1908
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