Legal Opinion

Shaw v. Brown

Supreme Court of Iowa

Decided June 28, 1862PublishedCited by 6 opinions

Appeal from Polk District Court. On the second day of October, 1856, the defendant, Brown, agreed to sell to the plaintiff one thousand aeres of land, situated in Gruthrie county of this State, “ On condition of said Shaw paying promptly, time being the essence of the contract, his two certain promissory notes, of even date with the contract, the.one in the sum of $916.66, due on the first day of January next, with ten per cent interest, and the other in the sum of…

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Appeal from Polk District Court. On the second day of October, 1856, the defendant, Brown, agreed to sell to the plaintiff one thousand aeres of land, situated in Gruthrie county of this State, “ On condition of said Shaw paying promptly, time being the essence of the contract, his two certain promissory notes, of even date with the contract, the.one in the sum of $916.66, due on the first day of January next, with ten per cent interest, and the other in the sum of $1,838.32, due in six months from date, with ten per cent interest. If said notes are riot paid promptly when due, I hereby…

1Opinion of the Court

■ Lowe, J.

Tbe defendant comes into this court upon thirty-seven assignments of error. In bis very able printed argument, however, a very large proportion of these have received no notice or attention whatever, and we may presume, therefore, that they are waived, as we think they could be, without compromising the defendant’s rights.

Imitating the example set us by the learned counsel for the defense, we will consider the same points elaborated by them. The most important of these relate to the construction of the contract. We have already set forth the important covenants in this contract. The…

2Cited by6 opinions

  1. Wilson v. FullerSupreme Court of Kansas · 1872
  2. Snyder v. EldridgeSupreme Court of Iowa · 1870
  3. Clise v. FreebornSupreme Court of Iowa · 1870
  4. Melhop v. Doan & Co.Supreme Court of Iowa · 1873
  5. Heaton v. FrybergerSupreme Court of Iowa · 1874

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