Scott's Administrators v. Gil
Supreme Court of Iowa
Appeal from Pollc District Court. Wilson A. Scott, before his decease, and on the 1st day of September, 1856, sold lots 10 and 11 in block 14, in the town of Des Moines, to A. J. Gill and M. C. Howe, for $1,000, payable in four, eight and twelve months, in equal installments, for which notes drawing ten per cent interest were given, and a title bond executed and delivered by said Scott to the said purchasers. - Without making any payments on said notes, Gill & Howe sold the…
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Appeal from Pollc District Court. Wilson A. Scott, before his decease, and on the 1st day of September, 1856, sold lots 10 and 11 in block 14, in the town of Des Moines, to A. J. Gill and M. C. Howe, for $1,000, payable in four, eight and twelve months, in equal installments, for which notes drawing ten per cent interest were given, and a title bond executed and delivered by said Scott to the said purchasers. - Without making any payments on said notes, Gill & Howe sold the lots,, and assigned the title bond aforesaid to H. C. Potter and A. W. Barlow; who at the time agreed and assumed to pay…
1Opinion of the CourtLowe, J.
j. coirffieneñt °p£son.d
The point for our determination is, whether the petition states facts which would entitle the plaintiff to a personal judgment,.as well as a judgment °f foreclosure on lots mentioned therein, against Potter and Barlow.
When they purchased the lots of Gill & Howe, they undertook and agreed to pay the purchase-money due from said Gill & Howe to Scott. This agreement, admitted by the demurrer, fixes upon them a direct liability in favor of Scott. And this, as the cases show, upon the broad principle, that if one person make a promise to another for the benefit of a third…
2Cases cited2 opinions
- Burr v. . BeersNew York Court of Appeals · 1861
- Moses v. Clerk of Dallas District CourtSupreme Court of Iowa · 1861
3Cited by4 opinions
- Lamb v. TuckerSupreme Court of Iowa · 1875
- Ross v. KennisonSupreme Court of Iowa · 1874
- Pope v. PorterU.S. Circuit Court for the Southern District of Iowa · 1887
- Luney v. MeadSupreme Court of Iowa · 1883