Allen v. Adams
Supreme Court of Iowa
Appeal from, Humboldt District Court. — Hon. A. D. Bailie, Judge. An action to recover the purchase price of land sold by plaintiff to defendant by written contract. The defendant admitted the execution of the contract but denied timely performance by the plaintiff.
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Appeal from, Humboldt District Court. — Hon. A. D. Bailie, Judge. An action to recover the purchase price of land sold by plaintiff to defendant by written contract. The defendant admitted the execution of the contract but denied timely performance by the plaintiff. By way of counterclaim he pleaded: (1) That the contract was obtained by false representations; and (2) that the plaintiff defaulted in performance on the date fixed by the contract and that by reason thereof the defendant rescinded the contract. He prayed to recover back the money paid by him before default and the amount of…
1Opinion of the CourtEvans, J.
On September 15, 1911, the parties hereto entered into a written contract whereby the plaintiff purported to sell and the defendant to buy about 47.96 acres of land for an agreed price of $5,995. Of such sum $500 was paid at the time of the execution of the contract. The balance of the purchase price was to be paid April-1, 1912, and a proper deed was to be executed by the plaintiff to. defendant at the same time. It was further provided that the defendant should have possession March 1, 1912. The contract contained the following provisions:
Now, if the said party of the second part shall pay…
2Cases cited13 opinions
- Ormsby v. GrahamSupreme Court of Iowa · 1904
- Newton v. HullCalifornia Supreme Court · 1891
- Worley v. NethercottCalifornia Supreme Court · 1891
- Zunkel v. ColsonSupreme Court of Iowa · 1899
- Rhorer v. BilaCalifornia Supreme Court · 1890
8 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- McNair v. SockriterSupreme Court of Iowa · 1924
- Dierksen v. PahlSupreme Court of Iowa · 1922
- Durband v. NeySupreme Court of Iowa · 1923
- McCreary v. McGregorSupreme Court of Iowa · 1918
- Spangler v. MisnerSupreme Court of Iowa · 1947
5 more not listed; retrieve them via the Exa API.