Foley v. McKeegan
Supreme Court of Iowa
Appeal from the Jackson District Court. This was originally a bill in chancery, to enforce the specific performance of the following agreement: “ Conditions of agreement between John McKeegan, on the one part, and Michael Eoley on the other, May 5th, 1853., I, John McKeegan, have this day, agreed and sold 200 acres of land, the same more or less, (here follows a reference to the land,) for which I am to receive $880; $50 of which I am now to receive, and the same is to be…
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Appeal from the Jackson District Court. This was originally a bill in chancery, to enforce the specific performance of the following agreement: “ Conditions of agreement between John McKeegan, on the one part, and Michael Eoley on the other, May 5th, 1853., I, John McKeegan, have this day, agreed and sold 200 acres of land, the same more or less, (here follows a reference to the land,) for which I am to receive $880; $50 of which I am now to receive, and the same is to be forfeited by Michael Eoley, if he does not pay the balance on or before the 10th day of April, 1854; and then I will give…
1Opinion of the CourtWright, C. J.
Several errors are assigned, but they may all appropriately be considered under two heads:
First. Did the court err in sustaining tbe demurrer to tbe original petition ?
Second. Was tbe construction given to tbe written agreement, as to tbe measure of plaintiff’s damages, or tbe amount be had a right to recover, correct?
As to tbe first, we think plaintiff cannot now complain. Instead of standing by bis original bill, be appears to have voluntarily abandonedvit, submitted to tbe decision of tbe court on the demurrer, made bis amendment, and went to trial on bis claim for damages. By so doing, be…
2Cases cited16 opinions
- Hopkins v. LeeSupreme Court of the United States · 1821
- Tayloe v. T. & S. SandifordSupreme Court of the United States · 1822
- Marston v. HobbsMassachusetts Supreme Judicial Court · 1807
- Driggs v. DwightNew York Supreme Court · 1837
- Peters v. McKeonNew York Supreme Court · 1847
11 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Morgan v. BellWashington Supreme Court · 1892
- Brandt v. FosterSupreme Court of Iowa · 1857
- Hammond v. HanninMichigan Supreme Court · 1870
- Keeble v. KeebleSupreme Court of Alabama · 1888
- Salem v. AnsonOregon Supreme Court · 1902
41 more not listed; retrieve them via the Exa API.