Sweem v. Steele
Supreme Court of Iowa
Appeal from the Wa/rren District Oov/rt. Tliis action was brought upon a bond in the usual form, in tlie penal sum of one hundred dollars, with a condition to make title to a certain forty acres of land. The plaintiff had paid fifty dollars, as the consideration for the title. There was a petition, a demurrer, and an amended petition.
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Appeal from the Wa/rren District Oov/rt. Tliis action was brought upon a bond in the usual form, in tlie penal sum of one hundred dollars, with a condition to make title to a certain forty acres of land. The plaintiff had paid fifty dollars, as the consideration for the title. There was a petition, a demurrer, and an amended petition. These are inartificially drawn, and leave it doubtful whether the action was intended to be brought for the penalty, or as upon a covenant contained in, or implied by, the condition. The original petition bears more of the first of these characters, but the…
1Opinion of the CourtWoodward, J.
We direct our attention to the question relating to the measure of damages on contracts for the conveyance of land. We now view it in reference to cases where the party is free to enter into the inquiry of actual 'damage sustained by him, and not limited by a penalty beyond which he cannot go. If the action be brought to recover the penalty of a bond, the plaintiff makes his inquiry of damages, subject to the limitation prescribed by that penalty. We regard the question, at present, as without such restriction.
And this subject has received full consideration from this court, in the case of…
2Cases cited5 opinions
- Hopkins v. LeeSupreme Court of the United States · 1821
- Foley v. McKeeganSupreme Court of Iowa · 1856
- Driggs v. DwightNew York Supreme Court · 1837
- Peters v. McKeonNew York Supreme Court · 1847
- Whiteside v. JenningsSupreme Court of Alabama · 1851
3Cited by14 opinions
- Morgan v. BellWashington Supreme Court · 1892
- Hammond v. HanninMichigan Supreme Court · 1870
- Violet v. RoseNebraska Supreme Court · 1894
- Potter v. OsterSupreme Court of Iowa · 1988
- Mullen v. MorrisNebraska Supreme Court · 1895
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