Johnston v. Robertson
Supreme Court of Iowa
Appeal from Louisa District Court. — Oscar Hale, Judge. This is an action at law to recover damages for an alleged breach of the provisions of a written contract to convey to plaintiffs certain real estate, and, in . a second count, the damages resulting from an alleged failure of appellee to perform the duties imposed upon him by law as a ■ trustee holding legal title to said real estate, pending the date fixed for the execution and delivery of a deed of conveyance.
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Appeal from Louisa District Court. — Oscar Hale, Judge. This is an action at law to recover damages for an alleged breach of the provisions of a written contract to convey to plaintiffs certain real estate, and, in . a second count, the damages resulting from an alleged failure of appellee to perform the duties imposed upon him by law as a ■ trustee holding legal title to said real estate, pending the date fixed for the execution and delivery of a deed of conveyance. Defendant's demurrer to the petition was sustained, and judgment rendered against plaintiffs for costs. Plaintiffs appeal.
1Opinion of the CourtEvans, J.
1- ?gAsf'ri:ghi“i ■ er"11truseteewn' hoiamg title. Plaintiffs contracted for a farm of about 65(5 acres. The conveyance was to be subject to a mortgage of $20,000 Qn the land. Count 1 of the petition alleged, substantially, that on August 17, 1910, plaintiffs entered into a written contract with the defendant for the exchange of certain real estate; that defendant therein agreed to execute and deliver to appellants a good and sufficient warranty deed for the real estate to be by him conveyed to them, together with an abstract of title showing good and merchantable title in him on March 1,…
2Cases cited24 opinions
- Lamborn v. County CommissionersSupreme Court of the United States · 1878
- Gotthelf v. . StranahanNew York Court of Appeals · 1893
- Blackie v. HudsonMassachusetts Supreme Judicial Court · 1875
- Peters v. MyersWisconsin Supreme Court · 1868
- Lafferty v. MilliganSupreme Court of Pennsylvania · 1895
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3Cited by6 opinions
- Kurtz v. GramenzSupreme Court of Iowa · 1924
- Frankel v. BlankSupreme Court of Iowa · 1927
- Carver v. LaneSupreme Court of Minnesota · 1922
- Kleinmeyer v. WillenbrockSupreme Court of Iowa · 1926
- Van Duzer v. EngeldingerSupreme Court of Iowa · 1929
1 more not listed; retrieve them via the Exa API.