Giberson v. Henness

The plaintiff-appellant alleges that he made a written contract with the appellee Earl Henness, as administrator, for the purchase of a certain 40-acre tract of land in Jefferson county, Iowa; said contract providing for a merchantable title. The plaintiff asks for a rescission of the contract and a return of the purchase money paid because of the failure of the vendor to furnish “merchantable title” in accordance with the contract, and also bases his right to recover upon a claimed oral agreement on the part of the vendor to return the purchase price in the event that he failed to make a…