Wisconsin, Iowa & Nebraska R'y Co. v. Braham
Supreme Court of Iowa
Appeal from Jasper District Court. The plaintiff and defendant Michael Braham entered into a written contract by wbicb tbe latter agreed to sell to plaintiff, for a specified consideration, the right of way for its railway over certain premises, and to execute and deliver a conveyance of the same when the road' should be located, and the consideration paid.
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Appeal from Jasper District Court. The plaintiff and defendant Michael Braham entered into a written contract by wbicb tbe latter agreed to sell to plaintiff, for a specified consideration, the right of way for its railway over certain premises, and to execute and deliver a conveyance of the same when the road' should be located, and the consideration paid. He subsequently denied the validity of the contract, and refused to permit the plaintiff’s contractor and engineer to enter upon the premises for the purpose of constructing the road. It thereupon instituted this suit, alleging in its…
1Opinion of the CourtReed, J.
1. Appeal: trial de novo: evidence certified too late. I. The final judgment in the cause was entered on the nineteenth of March, 1885, and the evidence was certified by the trial judge on the eleventh J jo °f following December. These facts are ghown by appellants’ abstract. On that state of the record, the cause cannot be tried de novo in this court. Code, § 2742; Mitchell v. Laub, 59 Iowa, 36.
2. Contract: to convey risht of way: mutuality. II. Defendants demurred to the petition, and -they assign error in the overruling of their demurrer. The petition alleges the making of the contract,…
2Cases cited1 opinion
- Mitchell v. LaubSupreme Court of Iowa · 1882