Trayer v. Reeder
Supreme Court of Iowa
Appeal from Cedar Circuit Court. This action was commenced before a justice of the peace; the pleadings were oral. ' The plaintiff and one Carpenter were owners of adjoining farms; the plaintiff purchased of Carpenter a strip of land 2 rods wide and 128 rods long for the purpose of a road, and as a part of the'consideration therefor agreed to build and keep up a certain portion of the fence along the lane on the west side.
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Appeal from Cedar Circuit Court. This action was commenced before a justice of the peace; the pleadings were oral. ' The plaintiff and one Carpenter were owners of adjoining farms; the plaintiff purchased of Carpenter a strip of land 2 rods wide and 128 rods long for the purpose of a road, and as a part of the'consideration therefor agreed to build and keep up a certain portion of the fence along the lane on the west side. The plaintiff sold and conveyed his farm, including the two rod strip, to the defendant. The latter failed and refused to keep up the fence, and the plaintiff, being…
1Opinion of the Court
Seevers, Ch. J.
The plaintiff conveyed the land to the defendant by the usual and ordinary deed, the consideration expressed therein being $4,900. The covenants of warranty were in the usual form. No reservation or exception whatever was made in the deed, and there was no reference to the *273Carpenter contract about the fence. The plaintiff sought to prove, by oral testimony, what the contract was between him and defendant, and that the latter agreed to build and maintain the fence, and that the plaintiff, in consideration of the agreement, sold, and agreed to take one hundred dollars less for…
2Cases cited6 opinions
- Wilkinson v. ScottMassachusetts Supreme Judicial Court · 1821
- Shephard v. LittleNew York Supreme Court · 1817
- Harper v. PerrySupreme Court of Iowa · 1869
- Puttman v. HalteySupreme Court of Iowa · 1868
- McNaught v. C. & N. W. R. R.Supreme Court of Iowa · 1870
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Sutton v. GriebelSupreme Court of Iowa · 1902
- Chantland v. ShermanSupreme Court of Iowa · 1910
- Saville v. ChalmersSupreme Court of Iowa · 1888
- Bossingham v. SyckSupreme Court of Iowa · 1902
- Bever v. BeverIndiana Supreme Court · 1895
15 more not listed; retrieve them via the Exa API.