31 Iowa 408 | Iowa | 1871
II. Plaintiff paid Ingman in October, at the time he forwarded the deed to defendant, $800. The defendant had no communication with Ingman in regard to the business until November 20th, when he wrote that he would not sell the land. The last letter of Ingman, written on the 21st day of November, informed defendant that plaintiff had fulfilled her agreement and was about to build a house upon the land. This is the substance of all the correspondence between Ingman and defendant. October 18th, plaintiff executed a note and mortgage, according to the terms of her proposition, which were delivered to Ingman, and after the commencement of this suit she paid to the clerk of the district court the amount of principal and' interest due thereon. The $800 paid by her to Ingman, he deposited (less his commission) with a banker, taking a certificate of deposit therefor payable to defendant. This certificate has been delivered to the clerk of the district court. The plaintiff went into possession of the land in November — the precise day does not appear — and in that month erected a dwelling-house thereon.
Plaintiff is a married woman, but the payments made upon the land were of her own money, which she had acquired by the sale of property held by her in her own right.
Prom these facts we draw the following conclusions:
1. Ingman was the agent of defendant in the sale of the land. The first and second letter written by defendant clearly establishes the agency.
An examination of the authorities, and an attempt to deduce rules therefrom, is unnecessary in this case, as we conceive the question involved may be solved upon other principles.
It will be remembered that plaintiff paid to defendant’s agent, before the ratification of the contract by defendant, the first payment of $800, and before defendant advised his agent of his refusal to convey the lands, she executed notes and a mortgage to secure the deferred payments. One of these notes was paid before the commencement of the suit, and the other at maturity. It thus appears that plaintiff had partly performed the contract on her part before suit, and ftdly performed before judgment. The defendant cannot claim to be released from the contract, on the ground that plaintiff was not, when it was entered into, bound thereby. Its performance, on her part, is an answer to this objection.
Admitting that the contract, if it had not been performed or partly performed by plaintiff, could not have been enforced against her, it does not follow that defendant, for that reason, would be relieved from its obligation. The disability of a married woman, whereby she is exempted from the obligation of her contracts, is not created by the law for the benefit of those who contract with her, but for the protection of herself and her husband. Those contracting with
The evidence shows that plaintiff has fully performed her contract. She has paid all the money, a part to defendant’s agent and the balance into court. The law and good conscience demand that defendant be required to convey to her the lands in question. This relief the decree of the district court justly awards her. In our opinion it should be
Affirmed.