138 Iowa 470 | Iowa | 1908
The issue tried was whether the deceased entered into a contract with James H. Collins about April, 1905, by the terms of which the former agreed to make out a deed to a tract of land known as the “ Savanah Farm,” and place the same in escrow, to be delivered upon his death to James as grantee therein named in consideration of services the latter had rendered him in the past, and then agreed to render in the future. The suggestion that the alleged agreement was not well pleaded is disposed of by the excerpts from the cross-petition and answer in the statement of facts preceding this opinion, as is also the claim that the land referred to as the Savanah farm was not identified. It was specifically described .in paragraph 4 of the cross-petition, and the answer referred to “ the said lands set out in paragraph 4 of said Collins’ cross-petition and known as the ‘ Savanah Farm.’ ” Besides this, when identifying evidence Avas tendered, the court, without objection of either party, announced it to be “ conceded that the land claimed hy plaintiff is properly described by him in his cross-petition, and is called the ‘ Savanah Farm.’ ”
No deed was made, and the cross-petitioner relied on parol evidence, not only to establish the contract, but part performance as well. To obviate the statute of frauds, such proof must he clear, unequivocal and definite, and the acts claimed to constitute part or entire performance on the part of James referable exclusively to the agreement. William