117 Iowa 563 | Iowa | 1902
Lead Opinion
These views seem to dispose of the case, but the writer and perhaps some other members of the court are satisfied not only that the case is taken out of the statute by reason of the payment of the purchase price, but for the further reason that plaintiff’s father took possession of the land
The trial court saw and heard the witnesses, and was in a better position than we to weigh their evidence, and it is some consolation to know that its conclusion as to the facts coincides with the finding herein made.
The decree is right, and it is affirmed.
Dissenting Opinion
(dissenting). — Two propositions of law are announced in the majority opinion to which I cannot give assent, to wit: First, that a contract to convey land Can be modified by subsequent parol agreement so as to apply to land not covered by or contemplated in the original contract, there being no payment of purchase price or taking of possession which has reference to such subsequent agreement; second, that an oral agreement to convey land on a past consideration is not within the statute of frauds.
We reach, then, the second proposition of the majority opinion, — that a past and wholly executed consideration, having at the time of its execution no relation to the agreement subsequently sought to be supported by it, is a ■sufficient “payment of the purchase price” to take the contract out of our statute of frauds as to contracts for the conveyance of lands. If this proposition is sound, then there can hardly be any imaginable contract to convey, which has a sufficient consideration to support it, that will not be within the statutory exception. Any relinquishment of a claim or advantage, no matter how vague'or indefinite, and established by parol evidence alone, will justify the introduction of parol evidence of an agreement to convey. And why stop here? Is not an oral and binding agreement to pay in the future just as much the payment of the purchase price, by way of furnishing a consideration, as an oral agreement to release a claim? It may