Kraner v. Chambers
Supreme Court of Iowa
Appeal from Wapello District Court. — Hon. E. L. Bueton, Judge. Plaintiff brings this action in equity to cancel a contract in writing entered into between the plaintiff and W. E. Chambers, now deceased, for the exchange of certain pieces of real property, on the ground of nonperformance and inability to perform said contract on the part of deceased and his executrix.
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Appeal from Wapello District Court. — Hon. E. L. Bueton, Judge. Plaintiff brings this action in equity to cancel a contract in writing entered into between the plaintiff and W. E. Chambers, now deceased, for the exchange of certain pieces of real property, on the ground of nonperformance and inability to perform said contract on the part of deceased and his executrix. Mrs. N. A. Chambers, widow and executrix, and Walter E., Arthur E., James W., and Stuart M. Chambers, children and heirs of deceased, were made defendants. S. E. Sax, Charles Sax, E. E. Hesen, Armstrong Brothers, and George…
1Opinion of the CourtGiven, J.
I. The case was taken under advisement, and an able and exhaustive opinion filed by the learned judge, which plaintiff quotes at length as a part of his argument. Though differing with some of the conclusions of the learned judge, we recognize the assistance this opinion has been to us in considering the case, especially in marshaling the somewhat complicated facts, which are in substance as follows:
Plaintiff, Kraner, and W. E. Chambers, now deceased, entered into a contract in writing as follows:
*6831 *682“This memorandum, made this July 15th, 1890, by and between Wm. Kraner and W. E. Chambers, *683both…
2Cases cited1 opinion
- Iowa Loan & Trust Co. v. HolderbaumSupreme Court of Iowa · 1892
3Cited by6 opinions
- Knoop v. AndersonDistrict Court, N.D. Iowa · 1947
- Rivers v. CampbellCourt of Appeals of Texas · 1908
- American Surety Co. v. Edwards & Bradford Lumber Co.District Court, N.D. Iowa · 1944
- Bales v. WilliamsonSupreme Court of Iowa · 1905
- Miller v. GraySupreme Court of Iowa · 1928
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