Walters v. Miller
Supreme Court of Iowa
Appeal from Marion District Oouri. The plaintiff in Ms petition claimed six hundred dollars, as damages sustained by him by reason of the failure of the defendant to comply with the conditions of a certain bond, by which defendant had, in consideration of $800, agreed to convey to plaintiff, by a certain date, certain real estate therein named, by deed of warranty. The day upon which defendant had so agreed to convey, had passed previous to the commencement of this suit.
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Appeal from Marion District Oouri. The plaintiff in Ms petition claimed six hundred dollars, as damages sustained by him by reason of the failure of the defendant to comply with the conditions of a certain bond, by which defendant had, in consideration of $800, agreed to convey to plaintiff, by a certain date, certain real estate therein named, by deed of warranty. The day upon which defendant had so agreed to convey, had passed previous to the commencement of this suit. Defendant in his answer admitted the execution of the bond, and the payment of the money therein specified, but alleged…
1Opinion of the CourtBaldwin, J.
The plaintiff by the institution of his suit, claiming money instead of a specific performance, disaffirms* that portion of the contract in regard to the execution and delivery of the deed, on the ground that the time within which the defendant had obligated himself to execute and deliver a deed had transpired. The only question necessary to be determined is, whether the defendant by failing to execute a deed for the premises described in the bond, without the plaintiff having presented the bond and having demanded a deed, is in such default as entitles the plaintiff to recover back the…
2Cases cited1 opinion
- Higby v. WhittakerOhio Supreme Court · 1837
3Cited by11 opinions
- Hubbard v. WeareSupreme Court of Iowa · 1890
- Sonnesyn v. AkinNorth Dakota Supreme Court · 1905
- Newman v. Covenant Mutual Insurance Ass'nSupreme Court of Iowa · 1888
- Richardson v. LoweCourt of Appeals for the Eighth Circuit · 1906
- Miller v. SnedekerSupreme Court of Minnesota · 1960
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