68 Iowa 202 | Iowa | 1885
The undisputed facts are that in 1875 the plaintiff, being tlie owner of certain real estate, executed to Ransom Bartle a bond, wliieh was duly acknowledged and recorded, whereby the plaintiff agreed to convey said real estate to Ransom Bartle, provided the latter paid a note, due in 1877, which he had executed to the plaintiff. The bond contained a provision in these words: “But should the note, interest and taxes above mentioned not be paid by the time
The' defendant took possession of the premises, and commenced the erection of the buildings, but, upon being informed of the existence of the bond and judgments, he abandoned possession of the premises, and declined to erect the buildings. There was evidence tending to show that Ransom Bartle did not comply with the conditions of the bond on his part, and that he relinquished the possession of the premises to the defendant at the time the latter contracted with the plaintiff. The only material error assigned^ which is discussed by counsel is whether the court erred in directing the jury to find for the defendant, and this depends on the question whether the plaintiff is entitled to recover.
Under the contract, the defendant was entitled to a good and perfect title to the real estate upon compliance therewith on his part, and under the Ransom Bartle bond the plaintiff had the right to declare it null and void upon a failure on the part of Ransom Bartle to comply with its conditions on his part. There is no pretense that any such election was made, unless the contract entered into with the defendant amounted to and should be regarded as such election. Ran
Affirmed.