Cappel v. Potts
Supreme Court of Iowa
Appeal from Buchanan District Court. — H. B. Boies, Judge. ActioN by plaintiff, to recover money paid to defendants on a contract for purchase of real estate, because of their failure and inability, as plaintiff alleges, to furnish an abstract showing merchantable title, as required by the contract. The two cases named in the caption were brought separately, but since they involved the same questions, they were by ag’reement consolidated, and'tried as in equity.
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Appeal from Buchanan District Court. — H. B. Boies, Judge. ActioN by plaintiff, to recover money paid to defendants on a contract for purchase of real estate, because of their failure and inability, as plaintiff alleges, to furnish an abstract showing merchantable title, as required by the contract. The two cases named in the caption were brought separately, but since they involved the same questions, they were by ag’reement consolidated, and'tried as in equity. Equitable relief was asked, but it is conceded now that the only question is whether plaintiff is entitled to recover the money paid…
1Opinion of the CourtPreston, J.
The defendants in their answer claimed that they had tendered performance according to the contracts, tendering deeds and merchantable abstracts of title, and that they were still ready, able, and willing to perform. The questions are, as stated by plaintiff and conceded by defendants, as to whether defendants did tender to plaintiff abstracts of title showing' merchantable title, and whether defendants have good and sufficient title in fee simple to the lands contracted to be conveyed. At the outset, it should be said that, in view of the nature of the objections made to the abstract…
2Cases cited7 opinions
- Fagan v. HookSupreme Court of Iowa · 1905
- Good v. NorleySupreme Court of Iowa · 1869
- Buchan v. German American Land Co.Supreme Court of Iowa · 1917
- Billick v. DavenportSupreme Court of Iowa · 1914
- Upton v. SmithSupreme Court of Iowa · 1918
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Tesdell v. HanesSupreme Court of Iowa · 1957
- Smith v. HuberSupreme Court of Iowa · 1938
- Holliday v. ArthurSupreme Court of Iowa · 1950
- In Re Estate of AndersSupreme Court of Iowa · 1947
- Roberts v. MedlockLouisiana Court of Appeal · 1933
5 more not listed; retrieve them via the Exa API.