Skidmore v. Eikenberry
Supreme Court of Iowa
Appeal from Lucas Ovrcuit Oowrt. On the first day of September, 1876, the plaintiff sold to the defendant seventy-eight acres of land, for which the defendant paid .down the suin of $1,500 and executed three written obligations for the payment of the further sum of $1,561. These obligations are all -alike except as to amount and time of payment.
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Appeal from Lucas Ovrcuit Oowrt. On the first day of September, 1876, the plaintiff sold to the defendant seventy-eight acres of land, for which the defendant paid .down the suin of $1,500 and executed three written obligations for the payment of the further sum of $1,561. These obligations are all -alike except as to amount and time of payment. A copy of the one first maturing is as follows: “ Chariton, September 1, 1876. “ In case I find good, merchantable coal, not less than four feet in thickness, in shaft now being smile on land this day bought of Mayberry Skidmore, I promise to pay…
1Opinion of the CourtDay, J.
i contract-conditional^ liability. I. On the 24th of February, 1876, the defendant leased from the plaintiff two hundred and eighty acres including the seventy-eight acres subsequently purchased, and commenced sinking thereon, near the south end of the purchased land, the shaft in controversy. This shaft was about one hundred feet deep at the time of the purchase. At the time of the defendant’s purchase the White Breast Coal Mining Company had struck a four foot vein of coal at the depth of *623two hundred and. fifty feet in a shaft located about one-half mile north and one-half mile east of the…
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