153 Iowa 183 | Iowa | 1911
The defendants are husband and wife. In August, 1908, they entered into a contract with the plaintiff as follows:
This is to certify to an agreement entered into this 31st day of August, 1908, between Phillip Gough and Anna Gough, his wife, and Dr. A. J. Burge, whereby they, Phillip Gough ■ and Anna Gough, agree to sell to Dr. A. J. Burge their farm of one hundred and fifty-two acres (152), plus acres lying in section thirty-one (31), township eighty (80), range six (6), being the west half of the northwest one-fourth, and the north half of the southwest one-fourth,’ and a lane twenty-two feet wide leading south to the Marengo road, for the sum of eleven thousand ($11,000.00) dollars. Ten ($10.00) dollars of which is already received and one hundred and ninety ($190.00) dollars more to be paid on the delivery of a good and sufficient abstract of title by Gough to Burge. The balance to be paid on delivery of possession and deed, March 1, 1910, and to pay all taxes until they give possession. Mr. and Mrs. Gough hereby agree to keep the land and improvements as it now is, natural wear and tear excepted, and they are not to plow more than forty acres grass land and are to seed to timothy and clover the forty acres now in corn, in the spring of 1909. Dr. Burge is to have the privilege of setting out trees around the edge of the farm if desired and to tile drain during the season of
The plaintiff made a good and sufficient tender on March 1, 1910. The defendants refused to convey.