Sykes v. Bates
Supreme Court of Iowa
Appeal from Boone District Court. Evidence where executor is an adverse party, etc. —■ Plaintiff made a contract with Joseph Bates, in his lifetime, for the purchase of a certain tract of land, paying down thereon five dollars, and agreeing, on his return home to Illinois, to send by express the balance of the purchase money, to wit, $1,000, to Bates, in the care of one Kellogg, at Nevada, in Story county, Iowa.
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Appeal from Boone District Court. Evidence where executor is an adverse party, etc. —■ Plaintiff made a contract with Joseph Bates, in his lifetime, for the purchase of a certain tract of land, paying down thereon five dollars, and agreeing, on his return home to Illinois, to send by express the balance of the purchase money, to wit, $1,000, to Bates, in the care of one Kellogg, at Nevada, in Story county, Iowa. The petition alleges that the plaintiff duly sent the $1,000 to Bates, by express, according to agreement; Bates’ failure to make the deed, his subsequent death, etc.', and seeks to…
1Opinion of the Court
Dillon, Ch. J.
1, contract : parol agreement: prior unstamped memorandum. This action is brought against Bates’
administrator. Plaintiff introduced evidence tending to show the contract with Bates in his lifetime, for the purchase of the land. Under A this contract, plaintiff paid five dollars down, and agreed to send to Bates $1,000 by express, to the care of Kellogg. The evidence showed that a package purporting to contain money, arrived at Nevada, directed to Bates, in the care of Kellogg. Bates was advised of the arrival of the money in the express office, and on the day before his death…
2Cases cited1 opinion
- Voorhies & Co. v. EubankSupreme Court of Iowa · 1858
3Cited by4 opinions
- Bremhorst v. Phillips Coal Co.Supreme Court of Iowa · 1927
- Bryan v. PalmerSupreme Court of Kansas · 1910
- Chamberlin v. RobertsonSupreme Court of Iowa · 1871
- McNitt v. HelmSupreme Court of Iowa · 1870