101 Iowa 9 | Iowa | 1897
I. Plaintiff is the wife of Robert Armstrong, who acted for her in the transaction under consideration. One W. Gr. Bonner, doing business as a real estate agent at Webster City, had acted for plaintiff in the sale of a farm, and had in his hands seven hundred and fifty dollars, received for her as a cash payment thereon. Through him the defendant and Robert Armstrong were brought together at Webster City to negotiate a purchase and sale of the land in question, which is situated near Duncombe, in Webster county. On the sixteenth day of November, 1893, Armstrong, Breen, and Bonner drove to the land for the purpose of showing it to Armstrong, and on their return to Webster City the contract in writing was entered into whereby Breen agreed to sell to Mrs. Armstrong, all his right, title, and interest in the northwest one-fourth, section 15, township 88 north, of range 27 west of the fifth P. M., “subject to all the established highways, and all railroad rights of way, —possession to be'given to said second party March 1, 1894, — for the sum of four thousand nine hundred and sixty dollars, payable as hereinafter mentioned.” The contract provides for the payment of seven hundred and fifty dollars down, and the balance in four annual payments, according to four notes of the plaintiff. It also provides that plaintiff shall pay all taxes, including the tax for 1893. This contract was executed by T. F. Breen, Anna Armstrong, and Robert M. Armstrong, and the seven hundred and fifty dollars paid thereon, six hundred dollars of which was paid to