Pardoe v. Jones
Supreme Court of Iowa
Appeal from Madison District Court. — Hon. L. N. Hayes, Judge. Suit in two counts to recover back money paid on a contract for the sale of real estate and for damages for fraud and false representations.
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Appeal from Madison District Court. — Hon. L. N. Hayes, Judge. Suit in two counts to recover back money paid on a contract for the sale of real estate and for damages for fraud and false representations. Plaintiffs had paid $150 on the contract, and a short time thereafter served notice of rescission because of the alleged fraud of defendant in obtaining the contract, and demanded the return of the $150. \ On the trial, it developed that defendant had sold the real .estate to another. - Plaintiffs dismissed their claim for damages for false representations. Defendant claimed a forfeiture of…
1Opinion of the CourtPreston, J.
By the contract, defendant agreed to sell and convey to plaintiffs certain land for $1,300. A payment of $150 was made at the time of the execution of the contract. Defendant was to execute a deed to plaintiffs when deferred payments had been made. The contract provided *428that, if either party made default or refused to comply with its conditions, such party should forfeit $150. Defendant did not serve notice of forfeiture, as provided in section 4299 of the Code. It is his contention that he was not required to do so because plaintiffs had served notice of rescission, and thereby had refused,…
2Cases cited4 opinions
- Glock v. Howard & Wilson Colony Co.California Supreme Court · 1898
- Quarton v. American Law Book Co.Supreme Court of Iowa · 1909
- Frey v. StanglSupreme Court of Iowa · 1910
- Tague v. McColmSupreme Court of Iowa · 1909
3Cited by14 opinions
- O'Dell v. O'DellSupreme Court of Iowa · 1947
- Kilpatrick v. SmithSupreme Court of Iowa · 1945
- McLain v. SmithSupreme Court of Iowa · 1925
- Fulton v. ChaseSupreme Court of Iowa · 1949
- Lambertson v. National Investment & Finance Co.Supreme Court of Iowa · 1925
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