Breen v. Mayne
Supreme Court of Iowa
Appeal from, Cerro Gordo District Court. — HoN. Clieeord P. Smith, Judge. • Suit in equity for tbe specific performance of an option contract to convey land. Tbe trial court dismissed tbe petition on tbe theory that plaintiff did not exercise bis election within the time fixed by tbe option to purchase. Plaintiff appeals. —
1Opinion of the Court
Deemer, J. —
Defendants were tbe owners of an undivided one-balf of tbe property in controversy, and in October of tbe year 1906 plaintiff, through bis agent Knapp, attempted to procure from J.’ J. Mayne an option upon this property. Knapp was referred to one Mc-Nider as being an agent to sell the land, and be so informed his principal. Plaintiff then went to McNider, and after some negotiations tbe following option was obtained by bim:
For and in consideration of one hundred seventeen dollars in hand paid, and other good and valuable considerations rendered by E. J. Breen of Fort Dodge, Iowa,…
2Cases cited17 opinions
- Howe v. WatsonMassachusetts Supreme Judicial Court · 1901
- Mason v. . DeckerNew York Court of Appeals · 1878
- Watson v. CoastWest Virginia Supreme Court · 1891
- Perkins v. HadsellIllinois Supreme Court · 1869
- Myers v. J. J. Stone & SonSupreme Court of Iowa · 1905
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3Cited by38 opinions
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- Northern Illinois Coal Corp. v. CryderIllinois Supreme Court · 1935
- Killam v. TenneyOregon Supreme Court · 1961
- Janssen v. North Iowa Conference Pensions, Inc. of the Methodist ChurchSupreme Court of Iowa · 1969
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