Young v. Broadbent
Supreme Court of Iowa
Appeal from Warren District Court. On the 28th day of February, 1866, plaintiff filed his petition at law, claiming of defendant $2,000, being the' purchase-money for certain lands sold by plaintiff to defendant.
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Appeal from Warren District Court. On the 28th day of February, 1866, plaintiff filed his petition at law, claiming of defendant $2,000, being the' purchase-money for certain lands sold by plaintiff to defendant. The petition avers, that on the first day of .■ January, 1866, plaintiff sold to the defendant the said lands, for $2,000; that fifty dollars of the purchase-, money was paid at the time, and defendant agreed to pay the balance on the first day of March following; that no deed for the land, had been delivered by plaintiff to defendant, but would be tendered on the 1st of March, 1866,…
1Opinion of the CourtBeck, J.
l. attachdonmént of cause of action. I. The questions presented for our determination are those growing out of the instructions given and refused by the court, as they are contained in thé above statement of facts. The original . , 0 petition sets out as a cause of action, the indebtedness of defendant for the purchase-money of the lands under the contract which matured at a subsequent day, and avers sufficient cause for an attachment under section 3178 of the Revision.
The amended petition filed after the maturity of this indebtedness, as a cause of action, claims damages for the breach of…
2Cases cited1 opinion
- Porter v. WilsonSupreme Court of Iowa · 1854
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- Kendig v. OverhulserSupreme Court of Iowa · 1882
- Great Western Printing Co. v. TuckerSupreme Court of Iowa · 1887
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