Auxier v. Taylor
Supreme Court of Iowa
Appeal from Monroe District Court. — Hon. M. A. Roberts, Judge. The defendant, Taylor, entered into a written agreement to sell the plaintiff certain land, upon which the latter paid fifty dollars in cash, and was to pay the balance of the purchase price March 1, 1895. This he failed to do, and on the eleventh day of the same month Taylor conveyed the land to Martin. The plaintiff demands specific performance, and the district court so decreed. The defendants appeal.—
1Opinion of the CourtLadd, J.
1 Was the contract forfeited by the failure of. the plaintiff to make payment on March 1, 1895, the very day named for so doing? It contains these words: “If said amount is not punctually paid, according to the foregoing agreements, and on the day they severally become due, time being the essence of this contract, then, the party of the first part is to have the right' to declare this agreement null and void, and all payments made thereunder and all improvements made thereunder forfeited, by giving the second party due notice thereof, and for thirty days prior to declaring the same…
2Cases cited5 opinions
- Coles v. ShepardSupreme Court of Minnesota · 1883
- Iowa Railroad Land v. MickelSupreme Court of Iowa · 1875
- Young v. DanielsSupreme Court of Iowa · 1855
- Laverty v. Hall's AdministratrixSupreme Court of Iowa · 1865
- Harris v. StoneSupreme Court of Iowa · 1859
3Cited by11 opinions
- Kilpatrick v. SmithSupreme Court of Iowa · 1945
- McLain v. SmithSupreme Court of Iowa · 1925
- Conner v. BaxterSupreme Court of Iowa · 1904
- Braig v. FryeSupreme Court of Iowa · 1924
- Tremonton Inv. Co. v. HorneUtah Supreme Court · 1921
6 more not listed; retrieve them via the Exa API.