Burden v. Sheridan
Supreme Court of Iowa
Appeal from, Dubuque District Qourt. .This is a suit in equity brought to enforce an alleged trust. The petition alleges, in substance, that one Hans Lawther was the owner of certain real estate near the city of Dubuque; that about the 21st day of April, 1871, and prior thereto, the plaintiff was negotiating with Lawther for the purchase thereof; that, for the purpose of consummating said purchase the plaintiff employed the defendant Sheridan to act as his agent; that it was…
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Appeal from, Dubuque District Qourt. .This is a suit in equity brought to enforce an alleged trust. The petition alleges, in substance, that one Hans Lawther was the owner of certain real estate near the city of Dubuque; that about the 21st day of April, 1871, and prior thereto, the plaintiff was negotiating with Lawther for the purchase thereof; that, for the purpose of consummating said purchase the plaintiff employed the defendant Sheridan to act as his agent; that it was agreed between plaintiff and Sheridan that the negotiations for the purchase of said land should be conducted in behalf…
1Opinion of the CourtMiller, J.
— The answer of the defendant Sheridan denies the contract alleged in the petition so as to put the plaintiff on proof of the same by competent evidence. No writing or document is offered to establish it, but it is sought to do so by parol evidence entirely. This is objected to by appellant as incompetent under the statute of frauds. That statute provides that no evidence of any contract for the creation or trans^ jfer of any interest in lands, except leases for a term not exceeding one year, is competent, unless it be in writing an signed by the party charged or by his authorized agen).…
2Cases cited8 opinions
- Boyd v. M'LeanNew York Court of Chancery · 1815
- Steere v. SteereNew York Court of Chancery · 1820
- Perry v. McHenryIllinois Supreme Court · 1851
- Baldwin v. ThompsonSupreme Court of Iowa · 1864
- Sullivan v. McLenansSupreme Court of Iowa · 1856
3 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Quinn v. PhippsSupreme Court of Florida · 1927
- Brison v. BrisonCalifornia Supreme Court · 1888
- Stephenson v. GoldenMichigan Supreme Court · 1937
- Feeney v. HowardCalifornia Supreme Court · 1889
- Rose v. HaydenSupreme Court of Kansas · 1886
35 more not listed; retrieve them via the Exa API.