Steel & Son v. Fife
Supreme Court of Iowa
Appeal from Cherokee District Cowrt. The petition states defendants are owners of certain real estate described therein, and that plaintiffs applied to one Johnson, their agent, to purchase the same; that afterwards, Johnson informed plaintiffs he had received a letter from defendants stating they would sell a portion of said real estate for $650; that plaintiffs accepted said proposition, and re- ' quested Johnson- to procure a deed therefor; that in pursuance of said offer…
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Appeal from Cherokee District Cowrt. The petition states defendants are owners of certain real estate described therein, and that plaintiffs applied to one Johnson, their agent, to purchase the same; that afterwards, Johnson informed plaintiffs he had received a letter from defendants stating they would sell a portion of said real estate for $650; that plaintiffs accepted said proposition, and re- ' quested Johnson- to procure a deed therefor; that in pursuance of said offer and acceptance defendants executed and delivered a deed to plaintiffs; that said deed was full, com-' píete, and…
1Opinion of the Court
Seevers, •!.
1h'auds7'»geñi. I. It is not alleged in the petition, or claimed by counsel for the appellees, that Johnson was the agent of the plaintiffs, but that he was the agent of the defendants. . This being true, the delivery of the letter to J ohnson could have no other or greater effect than if it had been written and retained in the possession of the defendants. It is unquestionably true that a memorandum, agreement or deed-must be executed by the party to be bound, or his authorized agent, and delivered to and accepted by the other party to take the case out of the operation of the…
2Cases cited1 opinion
- Johnson v. BrookMississippi Supreme Court · 1856
3Cited by9 opinions
- Halsell v. Renfrow and EdwardsSupreme Court of Oklahoma · 1904
- Halsell v. RenfrowSupreme Court of Oklahoma · 1904
- Halligan v. FreySupreme Court of Iowa · 1913
- Predmore v. HamleyWisconsin Supreme Court · 1924
- Davis v. CoxIndiana Supreme Court · 1912
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