Newburn v. Hyde
Supreme Court of Iowa
Appeal from Pollc District Court.— Hon. Hugh Brennan, Judge. The petition alleged the sale of lots 35 and 36 in Drake University’s addition to Des Moines to defendant for the sum of $2,560, of which $1,100 in money and security had been paid, and that plaintiff “ was to receive the remainder in buggies and carriages to the value of $1,460.” In paragraph 3 it was further alleged: “ That the said V. M. Hyde, represented to this plaintiff that the said buggies and carriages…
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Appeal from Pollc District Court.— Hon. Hugh Brennan, Judge. The petition alleged the sale of lots 35 and 36 in Drake University’s addition to Des Moines to defendant for the sum of $2,560, of which $1,100 in money and security had been paid, and that plaintiff “ was to receive the remainder in buggies and carriages to the value of $1,460.” In paragraph 3 it was further alleged: “ That the said V. M. Hyde, represented to this plaintiff that the said buggies and carriages were in the Merchants’ Transfer Company storage house in the city of Des Moines, Iowa, and that all or any part of them…
1Opinion of the CourtLadd, J.
l. Vendor's lien: enforcement: evidence. The plaintiff conveyed lots 35 and 36 in Drake University’s addition to Des Moines to the defendant Nellie W. Hyde, September 12/ 1902, and received as consideration, in part, at least, $600 in money , . „ ^ . _ _ - and a promissory note of $500 secured by a mortgage on the property. The plaintiff claims that in addition to this and as a further part of the consideration he was “ to have buggies and carriages to the value of $1,460; ” that the defendant V. M. Hyde, who acted as agent for’ his wife, Nellie W., orally represented that such vehicles were…
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