Sawyer v. Hawthorne
Supreme Court of Iowa
Appeal from Polk District Court. — Hon, Lawrence De Graff, Judge. Action at law to recover damages for breach of contract to sell and convey real estate. Defendant W. S. Hawthorne was dismissed from the ease on the theory that he was a mere agent for the sale of the property, his eodefendant being the principal and the real owner thereof.
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Appeal from Polk District Court. — Hon, Lawrence De Graff, Judge. Action at law to recover damages for breach of contract to sell and convey real estate. Defendant W. S. Hawthorne was dismissed from the ease on the theory that he was a mere agent for the sale of the property, his eodefendant being the principal and the real owner thereof. Whilst defendant Margaret C. Hawthorne filed a general denial, her main defenses were a novation or discharge of the original contract by the making of a new one on an independent consideration, and a settlement or accord and satisfaction of her obligation…
1Opinion of the CourtDeemer, J.
The verdict being directed at the close of plaintiff’s case, the testimony and the inferences therefrom should be construed most favorably to plaintiff and appellant; and a perusal of the record indicates that there is no conflict in the evidence, and little or no doubt regarding the proper inferences to be derived therefrom. Margaret O'. Hawthorne was the record owner of a certain house and lot in the city of Des Moines, and W. S. Hawthorne was ostensibly, at least, her *412agent for the sale thereof. Plaintiff, before the execution of the contract; to which we shall presently refer, was a…
2Cases cited9 opinions
- Bandman v. . FinnNew York Court of Appeals · 1906
- Hall v. SmithSupreme Court of Iowa · 1859
- Hart v. National Masonic Accident Ass'nSupreme Court of Iowa · 1898
- Walston v. F. D. Calkins Co.Supreme Court of Iowa · 1903
- Merry v. AllenSupreme Court of Iowa · 1874
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Babson v. Village of UlyssesNebraska Supreme Court · 1952
- Sawyer v. HawthorneSupreme Court of Iowa · 1916
- Boyd v. ChristiansenSupreme Court of Iowa · 1940
- Troyer v. ClarkenSupreme Court of Iowa · 1924