122 Iowa 388 | Iowa | 1904
Plaintiff and defendant WT. H. Smith entered into tbe following contract:
*389 “This contract and agreement entered info this twenty-eighth day of October, 1901, by and between William H. Smith, party of the first part and SamT P. Donaldson, party of the second part, whereby the first party for and in consideration of sixteen hundred dollars ($1,600) does by these presents grant, bargain and sell unto the second party that parcel of land described as follows: — The north-west quarter of the north-west quarter of section twenty-two (22) township seventy eight (78) north of range twelve (12) west of the 5th P. M. in Dayton Township, Iowa County, Iowa.
“Said consideration to be paid to William H. Smith in manner as follows: Twenty dollars ($2<^) on execution of this contract and the balance to be paid on execution or delivery to said Sam’l P. Donaldson of a good and sufficient warranty deed for said property, free from all encumbrances on or before March 1st, 1902.
“In witness whereof we have hereunto set our hands this twenty eighth day of October, 1901.
“[Signed] W. H. Smith.
“S. P. Donaldson.”
The $20 payment was made to Smith at the time the contract was executed, and, after making the contract and receiving the money he returned to his home, and told his wife of the nature of the bargain. She thereupon said that she would not sign a deed for the land, and Smith almost immediately returned to the place where he had left the plaintiff, told him that his wife would not sign the deed, and that he could not comply with his contract. At the same time he offered to return the money received by him, but plaintiff refused to accept it. Thereafter plaintiff tendered W. H. Smith the balance of the purchase price, and demanded a deed, but he (Smith) failed and refused to make a conveyance of the-property. This suit followed. It appears from the evidence that before the contract was made W. H. Smith consulted his wife about selling the property, and that she gave-him permission to make the sale. Her objection to the contract as made seemed to be that she thought her husband
Defendants reside in Keokuk county, Iowa. When they entered their appearance to the action in Iowa county they filed a motion to change the place of trial to their home county. This was overruled, and the ruling is made the basis of an assignment of error. If the action had been for damages, the motion should have been sustained; but, as it was for the specific performance of a contract for the sale of land and to quiet title thereto, it was properly brought in the county where the land is situated. Code 1891, section 3491; Booth v. Bradford, 114 Iowa, 565. See, also, Burrall v. Eames, 5 Wis. 260.
The next assignment of error relates to rulings said to have been made on the admission of evidence. The evidence