Greene v. Day
Supreme Court of Iowa
Appeal from, Winneshiek District Court. On the 11th day of March, 1869, Lewis G. and Samuel Wheeler entered into a contract with the defendant, Olaibourn Day, for tbe sale to bim of tbe undivided one-half of a certain two hundred and forty acres of land, the said defendant agreeing to pay therefor the sum of $4,000, “ on the first day that a .railroad is built and completed to the village of Decorah, in said Winneshiek county.”
Read the full summary
Appeal from, Winneshiek District Court. On the 11th day of March, 1869, Lewis G. and Samuel Wheeler entered into a contract with the defendant, Olaibourn Day, for tbe sale to bim of tbe undivided one-half of a certain two hundred and forty acres of land, the said defendant agreeing to pay therefor the sum of $4,000, “ on the first day that a .railroad is built and completed to the village of Decorah, in said Winneshiek county.” It was further agreed that each party should bear an equal part of the expense of the survey of said land into town lots, and that defendant should take charge of the…
1Opinion of the CourtDay, J.
The demurrer is a general one, to wit: That the petition does not state facts sufficient to constitute a cause of action, and that it states facts which avoid the canse of action. In argument, it is urged that the petition is defective, in that it does not aver that the railroad was completed to said lands, and a suitable passenger depot and grain elevator erected thereon by the first day of January, 1865, nor that the railroad was completed to the village of Decorah, within three years from the date of the first agreement. It is urged that these things are conditions precedent, and that a…
2Cited by5 opinions
- Aetna Indemnity Co. v. Indianapolis Mortar & Fuel Co.Indiana Supreme Court · 1912
- Heiple v. ReinhartSupreme Court of Iowa · 1897
- Barrett v. Northwestern Mutual Life InsuranceSupreme Court of Iowa · 1896
- Hubbard v. MarshSupreme Court of Iowa · 1950
- Hubbard v. MarshSupreme Court of Iowa · 1950