Legal Opinion

Allen v. Rees

Supreme Court of Iowa

Decided February 9, 1907PublishedCited by 7 opinions

Appeal from. Fremont District Court.— TIoN. O. D. Wheeler, Judge. ActioN at law to recover a sum alleged to be due as part of the purchase price of certain real estate. There was a directed verdict and judgment in favor of defendant, and plaintiff appeals.— Reversed and remanded for a new trial.

1Opinion of the CourtBishop, J.

The evidence for plaintiff tended to show a state of facts substantially as follows: In May, 1899, the parties to this action and one Butterfield, all of whom lived at Hamburg, Fremont county, were the joint owners of a tract of land in Harrison county, this State, consisting of five hundred and sixty acres. During that month plaintiff sold and conveyed his one-third interest in said lands to the defendant and said Butterfield — the consideration as alleged in the petition being “ $30 per acre, or, in the aggregate, $5,600, and other consideration; that in addition to said $5,600 the…

2Cases cited11 opinions

  1. Hospes v. Northwestern Manuf'g & Car Co.Supreme Court of Minnesota · 1892
  2. Michael v. . FoilSupreme Court of North Carolina · 1888
  3. Kickland v. Menasha Wooden Ware Co.Wisconsin Supreme Court · 1887
  4. Trayer v. ReederSupreme Court of Iowa · 1876
  5. Miller v. KendigSupreme Court of Iowa · 1880

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3Cited by7 opinions

  1. Andrew v. State Bank of New HamptonSupreme Court of Iowa · 1928
  2. Chantland v. ShermanSupreme Court of Iowa · 1910
  3. Martin v. MorrisonCourt of Appeals of Texas · 1924
  4. McAnulty v. PeisenSupreme Court of Iowa · 1929
  5. Rankin v. SmithSupreme Court of Iowa · 1916

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