Mahoney v. McCrea
Supreme Court of Iowa
Appeal from Wapello District Court. — Hon. Robert Sloan, Judge. The following statements of the issues and facts made by appellants’ counsel are conceded to be substantially correct, and are sufficiently so for tbe purposes of the questions to be considered: “This action was commenced in the district court of Wapello county to recover on five promissory notes, each dated January 24,1887, one for one hundred and fifty dollars, due two years after date, one for one hundred and…
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Appeal from Wapello District Court. — Hon. Robert Sloan, Judge. The following statements of the issues and facts made by appellants’ counsel are conceded to be substantially correct, and are sufficiently so for tbe purposes of the questions to be considered: “This action was commenced in the district court of Wapello county to recover on five promissory notes, each dated January 24,1887, one for one hundred and fifty dollars, due two years after date, one for one hundred and fifty dollars, due three years after date, and three for one hundred and thirty-one dollars and twenty-five cents each,…
1Opinion of the CourtGiven, J.
*7391 *738I. The court instructed that a failure to pay any installment of the purchase money evidenced by these notes would operate as a forfeiture of all the defendant’s interest in the real -estate, and the money paid by him to purchase the same, unless the plaintiffs elected otherwise; that it was the duty of the plaintiffs to elect not to treat the contract as forfeited, within a reasonable time after the -default was made in payment, and to notify the defendant thereof; and that unless the plaintiffs did so notify him within a reasonable time the *739defendant had the right to assume that the…
2Cases cited3 opinions
- Barrett v. DeanSupreme Court of Iowa · 1866
- Steel v. LongSupreme Court of Iowa · 1897
- Sigler v. WickSupreme Court of Iowa · 1877
3Cited by3 opinions
- Zunkel v. ColsonSupreme Court of Iowa · 1899
- State v. BehrensSupreme Court of Iowa · 1899
- Yakoobian v. JohnsonCalifornia Court of Appeal · 1929