Wilmer v. Farris
Supreme Court of Iowa
Appeal from Buchcmcm District Court. This is a suit in equity to enforce the specific performance of an alleged contract of sale, by parol, of the plaintiff’s equal and undivided interest as a partner with defendant in certain real estate, being six lots in the town of Jessup, with a valuable stone elevator and other buildings thereon; and also the sale of his interest in the partnership business of buying and selling wheat, coal, lumber, implements, etc.
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Appeal from Buchcmcm District Court. This is a suit in equity to enforce the specific performance of an alleged contract of sale, by parol, of the plaintiff’s equal and undivided interest as a partner with defendant in certain real estate, being six lots in the town of Jessup, with a valuable stone elevator and other buildings thereon; and also the sale of his interest in the partnership business of buying and selling wheat, coal, lumber, implements, etc. The-defendant denies the alleged contract and claims set up by the plaintiff. The cause was tried to the court, who found for defendant,…
1Opinion of the CourtCole, J.
’We must affirm this judgment, because: First. The plaintiff lias failed to prove, satisfactorily, the alleged 1. SPECIFIC performance dence. contract and its definite terms. The plaintiff alone testifies to the contract, while the defendant with equal positiveness denies it under oath as a witness; and the only corroboration of plaintiff consists of admissions by defendant in conversations with third persons —a kind of evidence the law recognizes as weak and unsatisfactory, and some of which, in this case, may be accounted for upon the ground that the defendant expected to make the purchase,…
2Cases cited4 opinions
- Harper v. SextonSupreme Court of Iowa · 1867
- Mahana v. BluntSupreme Court of Iowa · 1865
- Noel v. NoelSupreme Court of Iowa · 1855
- Gilroy v. AlisSupreme Court of Iowa · 1867
3Cited by15 opinions
- Formby v. WilliamsSupreme Court of Alabama · 1919
- Williams v. BaileySupreme Court of Florida · 1915
- Brown v. LordOregon Supreme Court · 1879
- Kuhn v. KjoseSupreme Court of Iowa · 1933
- Ward v. StuartTexas Supreme Court · 1884
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