Wilken v. Voss
Supreme Court of Iowa
Appeal from Tama District Gourt. — Hon. G. W. Burnham, Judge. Suit in equity for the specific performance of an agreement to convey real estate. The contract was made by an agent of defendant, and defendant pleaded that the agreement was without authority, and that it failed to contain certain stipulations which should have been exacted from the purchaser. Trial to the court. Decree for defendants, and plaintiff appeals.
1Opinion of the CourtDeemer, J.
A written contract for the sale-of the land in controversy was executed by and between plaintiff, acting on his own behalf, and one Martin Mee, acting as .agent for John Voss, the then owner of the record title to the land, which provided, among other things, for a cash payment of $1,800, and contained a reservation as follows: ■“It is also understood and agreed that 1st party reserves machinery shed, and all wires but three on pasture fence west of the house, and shall -pay 1899 tax, 1st party agrees to leave premises in as good condition on March 1st, 1900, as they are now in.” The…
2Cases cited2 opinions
- Hopwood v. McCauslandSupreme Court of Iowa · 1903
- Wickham v. WinchesterSupreme Court of Iowa · 1888
3Cited by10 opinions
- Western Securities Co. v. AtleeSupreme Court of Iowa · 1915
- Benton v. Morningside CollegeSupreme Court of Iowa · 1926
- Greenlease-Lied Motors v. SadlerSupreme Court of Iowa · 1933
- Lockie v. BakerSupreme Court of Iowa · 1928
- Foshier v. FetzerSupreme Court of Iowa · 1912
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