Scott v. Habinck
Supreme Court of Iowa
Appeal from Monona District Court. — C. C. Hamilton, Judge. Aotion to recover damages for the use and occupation of land sold to plaintiff by appellant, who is alleg’ed to have wrongfully refused to yield possession of the property for a period of two years. Plaintiff also demanded recovery on certain items more particularly mentioned in the opinion. By order of court or agreement of parties, the cause appears to have been tried as in equity.
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Appeal from Monona District Court. — C. C. Hamilton, Judge. Aotion to recover damages for the use and occupation of land sold to plaintiff by appellant, who is alleg’ed to have wrongfully refused to yield possession of the property for a period of two years. Plaintiff also demanded recovery on certain items more particularly mentioned in the opinion. By order of court or agreement of parties, the cause appears to have been tried as in equity. There was a judgment for plaintiff for the sum of $5,091.06, and defendant appeals.
1Opinion of the CourtWeaver, J.
The pleadings in the case are voluminous, and we shall not attempt their extended statement. So much of *1215the claims, defenses, and counterclaims as are material upon this appeal will readily be comprehended from the foregoing preliminary statement and the recitals hereinafter found.
i vendok and mSsurefof ham-surrender18 i^os-0 session. On March 16, 1917, the plaintiff entered into a written contract with the defendant, Barney Habinck, by which Habinck undertook to sell and convey to plaintiff a certain farm of 480 acres in Monona County, Iowa, on terms and conditions which need not here be set…
2Cases cited1 opinion
- Hall v. HallSupreme Court of Iowa · 1911
3Cited by5 opinions
- Moser v. Thorp Sales Corp.Supreme Court of Iowa · 1981
- WRG Construction Co. v. HoebelSupreme Court of Oklahoma · 1979
- Norman v. DouganSupreme Court of Iowa · 1926
- Greenbaum v. SmithDistrict of Columbia Court of Appeals · 1979
- Moser v. Thorp Sales Corp.Supreme Court of Iowa · 1981