Wilhelm v. Fimple
Supreme Court of Iowa
Appeal from Muscatine Cvrcmt Oov/rt. On the 3d day of April, 1869, the plaintiff filed in the Muscatine circuit court her petition, alleging: “ That, in October, 1866, she purchased, by verbal contract of defendant, for $500, the west one-half of lot 4, block 151, in Muscatine, Iowa, and paid thereon, at that date, one cow, valued at $50, and $10 in cash, and immediately took possession; that she paid defendant, on said purchase, the further sum of $150, November 24, 1866,…
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Appeal from Muscatine Cvrcmt Oov/rt. On the 3d day of April, 1869, the plaintiff filed in the Muscatine circuit court her petition, alleging: “ That, in October, 1866, she purchased, by verbal contract of defendant, for $500, the west one-half of lot 4, block 151, in Muscatine, Iowa, and paid thereon, at that date, one cow, valued at $50, and $10 in cash, and immediately took possession; that she paid defendant, on said purchase, the further sum of $150, November 24, 1866, and the further sum of $40 July 5,1867, and the taxes for 1867 to the amount of $10; that she made improvements worth $50…
1Opinion of the CourtDay, J.
*134i. vendor ¿jo, sion^f^sontraot: tender. *133— I. The principal question in this case arises upon the refusal of the court to instruct the jury at the *134defendant’s request, that “tbe plaintiff is not entitled to recover in this action, unless sbe proves that shé has tendered tbe amount due tbe defendant on tbe contract, and demanded a deed of tbe lot from defendant.”
"Where a vendor bas done or suffered no act which renders him incapable of performing bis contract, it seems to be in accord with tbe weight of authority, that tbe purchaser cannot rescind tbe contract and recover tbe purchase-money…
2Cases cited3 opinions
- Gillet v. MaynardNew York Supreme Court · 1809
- Elliott v. A. J. Stevess & Co.Supreme Court of Iowa · 1860
- Doggett v. BrownIllinois Supreme Court · 1862
3Cited by18 opinions
- Martin v. RobertsSupreme Court of Iowa · 1905
- Binkholder v. CarpenterSupreme Court of Iowa · 1967
- Kicks v. State BankNorth Dakota Supreme Court · 1904
- Weitzel v. LeysonSouth Dakota Supreme Court · 1909
- Hawkins v. StoffersWyoming Supreme Court · 1929
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