Larson v. Smith
Supreme Court of Iowa
Appeal from Wright District Court. — John L. Kamrar, Judge. Action for the specific performance of a contract between plaintiff and defendant Smith for the sale and conveyance of real estate. Defendant Collins was made a party because he claimed to have purchased the land from Smith without knowledge of plaintiff’s contract.
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Appeal from Wright District Court. — John L. Kamrar, Judge. Action for the specific performance of a contract between plaintiff and defendant Smith for the sale and conveyance of real estate. Defendant Collins was made a party because he claimed to have purchased the land from Smith without knowledge of plaintiff’s contract. Defendant Smith denied the execution of the contract in the form it now appears; pleads that it was obtained from him through fraud and without consideration, and is void. Collins pleaded his purchase of the land from Smith without notice of plaintiff’s claim. On these…
1Opinion of the CourtDeemer, J.
I. Plaintiff, Larson, is a farmer living in Wright County, Iowa, and defendant Smith was, at all times material to our inquiry, a resident of Somonauk, Illinois, and defendant Collins is a resident of Webster County, Iowa. In September of the year 1909, Smith came to Iowa to find a tenant for the land in controversy, consisting of 120 acres in Wright County, and induced plaintiff to enter into a contract of lease. That agreement was reduced to writing, and signed *623by the parties on or about September 8th, and was for the term of five years from and after March 1, 1910, and the rental agreed…
2Cases cited25 opinions
- Franklin Telegraph Co. v. HarrisonSupreme Court of the United States · 1892
- Hall v. CenterCalifornia Supreme Court · 1870
- Gustin v. Union School-DistrictMichigan Supreme Court · 1893
- Breen v. MayneSupreme Court of Iowa · 1908
- Litz v. GooslingCourt of Appeals of Kentucky · 1892
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3Cited by10 opinions
- Shell Oil Co. v. KaplerSupreme Court of Minnesota · 1951
- Seymour v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1917
- Banwart v. ShullenburgSupreme Court of Iowa · 1920
- City of Des Moines v. City of West Des MoinesSupreme Court of Iowa · 1948
- Dee v. CollinsSupreme Court of Iowa · 1944
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