Barnett v. Mendenhall
Supreme Court of Iowa
Appeal from Dallas Circuit Court. The plaintiff’ alleges in liis petition that on or about the 20th day of March, 1875, he and the defendant entered into a verbal contract, whereby the defendant agreed that he would sell to the plaintiff and cause to be conveyed to him, by good and sufficient warranty deed, certain real estate situated in Dallas county, Iowa, particularly described. The price of the premises, and the terms of payment, etc., are also set out.
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Appeal from Dallas Circuit Court. The plaintiff’ alleges in liis petition that on or about the 20th day of March, 1875, he and the defendant entered into a verbal contract, whereby the defendant agreed that he would sell to the plaintiff and cause to be conveyed to him, by good and sufficient warranty deed, certain real estate situated in Dallas county, Iowa, particularly described. The price of the premises, and the terms of payment, etc., are also set out. It is also alleged that the verbal contract was authorized and consented to by defendant’s wife. Plaintiff also alleges a tender and…
1Opinion of the Court
Miller, Ch. J.
As the statement of the case shows, the action is brought to recover damages for a breach of a parol agreement, made by the defendant with the plaintiff, for the conveyance to the latter of certain real projierty. The defense set up is that a part of the land thus agreed to be conveyed was the homestead of defendant, occupied as such by himself, wife and children at the time the agreement to convey was entered into; that the same had been defendant’s homestead thus occupied for twenty years last past, and that plaintiff knew these facts at the time of the making of said…
2Cases cited11 opinions
- Brewer v. WallTexas Supreme Court · 1859
- Allison v. ShillingTexas Supreme Court · 1864
- Williams v. SwetlandSupreme Court of Iowa · 1859
- Alley v. BaySupreme Court of Iowa · 1859
- Ray v. YoungTexas Supreme Court · 1855
6 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Ormsby v. GrahamSupreme Court of Iowa · 1904
- Recker v. GustafsonSupreme Court of Iowa · 1979
- Showers v. RobinsonMichigan Supreme Court · 1880
- Townsend v. BlanchardSupreme Court of Iowa · 1902
- Cowgell v. WarringtonSupreme Court of Iowa · 1885
23 more not listed; retrieve them via the Exa API.