Wingate v. Herschauer
Supreme Court of Iowa
Appeal from Wapello Circuit Court.. ■ Action to recover the difference in price of certain real estate sold by plaintiff at auction, which defendant refused to pay for and which was resold. Defense: statute of frauds. Judgment for plaintiff. Defendant appeals. The statute of frauds was not intended to cover a sale made under a decree of court, and such sale is not within the statute. (Borer on Jud. Sales, § 129; Fulton v. Moore, 25 Pa.
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Appeal from Wapello Circuit Court.. ■ Action to recover the difference in price of certain real estate sold by plaintiff at auction, which defendant refused to pay for and which was resold. Defense: statute of frauds. Judgment for plaintiff. Defendant appeals. The statute of frauds was not intended to cover a sale made under a decree of court, and such sale is not within the statute. (Borer on Jud. Sales, § 129; Fulton v. Moore, 25 Pa. St., 468; Halleek v. Grey, 9 Cal., 181; King v. Gunnison, 4 Barr, 171; Nat. Fire Ins. Co. v. Loomis, 11 Paige, 431.) The rendition of a judgment is a judicial…
1Opinion of the Court
Seevers, Ch. J.
i judiciai. of*&aucis?almimstrator. *5082.___:___agent-*507There is but a single question involved in this case, and that is whether a sale of real estate at public auction by an administrator under the order and direction of the proper court is within the statute of frau¿Sj and jf So, whether the administrator, being himself the auctioneer, can make and sign a memorandum in writing containing the terms and conditions of the sale, which will be binding on the purchaser. The language of the statute being that the writing must be signed by the party charged, or his lawfully authorized…
2Cases cited1 opinion
- Bailey v. OgdenNew York Supreme Court · 1808
3Cited by4 opinions
- American Savings Bank & Trust Co. v. HelgesenWashington Supreme Court · 1911
- Estate of StephensCalifornia Supreme Court · 2002
- Asbury v. . MauneySupreme Court of North Carolina · 1917
- Vohs v. WilliamsCalifornia Supreme Court · 2002