Tidrick v. Rice
Supreme Court of Iowa
Appeal from Polk District Court. The facts are fully stated in the opinion of the court. 1. A court of equity does not decree a specific performance as a matter of course, even of a valid contract, and it ■will never execute a hard or unconscionable bargain, or one tainted with fraud. 3 Barb., 50; Story Eq., 333. 2. "Where an agent contracts to sell property in a manner not authorized-by his principal, the contract will not be enforced; neither-will the specific performance…
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Appeal from Polk District Court. The facts are fully stated in the opinion of the court. 1. A court of equity does not decree a specific performance as a matter of course, even of a valid contract, and it ■will never execute a hard or unconscionable bargain, or one tainted with fraud. 3 Barb., 50; Story Eq., 333. 2. "Where an agent contracts to sell property in a manner not authorized-by his principal, the contract will not be enforced; neither-will the specific performance of aeon-tract which involves a breach of trust be decreed. 2 L. C. Eq., 52, and the cases there cited. 3. A court of…
1Opinion of the CourtLowe, J.
These suits, by agreement, were consolidated. The facts giving rise to them may be stated as follows:
On the 18th day of June, 1856, one Franklin Palmer sold to Tidrick and Norris a tract of land, containing 15 //¶- acres, designated as lot 3, in sec. 5, T. 75, N. of B. 24 W., as surveyed and platted by John McClain, county surveyor, for a consideration, part of which was paid down, the balance in two deferred payments, one of $800, at 6 months, the other of $600, at 10 months, for which sums notes were given, drawing 10 per cent interest from date. On receiving these notes from Tidrick and…
2Cited by1 opinion
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