3 Iowa 563 | Iowa | 1856
Whether the decree of the court below can be sustained, we think must alone depend upon the construction to be given to the written agreement. The complainant claims, that the proviso therein contained, relates alone to the time of payment, and that the true meaning of the language used, is that he bought the lot, and was to have credit for the purchase money, until the act of Congress passed; and that if the act did not pass at that session, he was to pay at all events on the adjournment, and was then entitled to a deed. On the other hand, the respondent claims, that the proviso refers to the contract of sale in its effect, making the agreement to mean, that if the act did not pass at that session, the contract was at an end. And while we have had some difficulty in arriving at a satisfactory conclusion, in construing
We conclude, therefore, that the passage of the act was not an indifferent event in this contract, and that it was updn the condition that this act was passed, within the time designated, that respondent was bound to convey the lot. We are also of the opinion, that this contract could not be enforced against complainant, and that, therefore, he cannot enforce it against respondent.
The charge in this bill, that respondent interposed to prevent the passage of the act of Congress, is denied in the answer, and is unsustained, except by the testimony of one witness. W'e need hardly say, that this part of the bill is hot legally supported. The denial in the anshrer cannot be overcome by the testimony of a single witness.
Decree reversed.