Legal Opinion

Cowgell v. Warrington

Supreme Court of Iowa

Decided July 22, 1885PublishedCited by 21 opinions

Appeal from Montgomery District Court. Action in chancery to enforce the specific performance of a contract to .convey land, and for other relief. A decree for specific performance was denied, but a judgment for damages in the sum of $1,300 was rendered against defendant. Other facts of the case appear in the opinion. Both parties appealed; the plaintiff first.

1Opinion of the Court

Beck, Oh. J.

I. The petition alleges that the defendant entered into a written contract with plaintiff for the sale of a certain house and lot. The terms of the contract need not be set out. It is also alleged that, by the agreement of the parties, defendant was to execute a mortgage to secure certain notes connected with the transaction, but, through oversight *667or mistake, this agreement was not written in the contract. Plaintiff prays that the contract be reformed to accord with the agreement of the parties. The defendant admits the execution of the contract, but, as a defense to the action,…

2Cases cited3 opinions

  1. Barnett v. MendenhallSupreme Court of Iowa · 1875
  2. Elston & Green v. RobinsonSupreme Court of Iowa · 1867
  3. Robb v. McBrideSupreme Court of Iowa · 1869

3Cited by21 opinions

  1. Stallings v. HullumTexas Supreme Court · 1896
  2. Sheakley v. MechlerSupreme Court of Iowa · 1924
  3. Freiberg, Klein & Co. v. WalzemTexas Supreme Court · 1892
  4. Silander v. GronnaNorth Dakota Supreme Court · 1906
  5. Kingman v. O'CallaghanSouth Dakota Supreme Court · 1894

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