160 Iowa 255 | Iowa | 1912
On February 10, 1909, plaintiff entered into a written contract with Trumbauer & Smith, a copartnership composed of Charles A. Trumbauer and L. IT. Smith, where-, by he undertook to exchange a stock of hardware and implements located in Wellman for “their farm of two hundred acres located in Jackson county, Iowa, three miles north of Maquoketa . . . to be taken at $60.00 per acre or $12,-000.00,” and “the entire stock to be taken at its original invoice price, and where invoice cannot be shown, same .to be taken at present wholesale price. All furniture and fixtures, consisting of shelving, tinners’ tools, plumbers’ tools, pump tools, pump wagon, cash register, show cases, counters, chairs, desk, two stoves, and all other tools and fixtures now used in connection with the business, to be taken at the lump and fixed price of $1,825.00.” The contract was made subject to approval on examination of the land, and shortly after-wards the plaintiff examined the farm, which resulted in a supplemental agreement wherein the defendants agree “to
On the same day the defendants moved the court to “separate the issues and causes of action, and set that portion of the plaintiff’s allegations and demands for the reformation of the deed on the equity docket, and that portion of the allegations and demands for a recovery of damages on
And plaintiff’s suit having been begun on the equity side, it might there be maintained and the defendants were not in a situation to insist on their counterclaim being heard on the law side of the calendar. Ryman v. Lynch, 76 Iowa, 587; Wilkinson v. Pritchard, 93 Iowa, 308; Crissman v. McDuff, 114 Iowa, 83; Gatch v. Garretson, 100 Iowa, 252. Or had the equities alleged in the petition been proven, and the relief “been denied on some other ground than for want.
The principle is well stated in the last-cited case as follows: “When equity has once obtained jurisdiction of a controversy, it will determine all questions material or necessary to the accomplishment of full and complete justice between the parties, even though in doing so it may require passing on some matters ordinarily cognizable at law.”
. This obviates the dismissal of a suit in equity when the equities fail if enough is contained in the petition to make
It follows that the court erred in dismissing the action, and its order in so doing is reversed, and the cause remanded for further proceedings not inconsistent with this opinion.— Reversed.
Supplemental Opinion.
That the defense or counterclaim was at law would not authorize a trial in that forum, but, having been interposed in a suit properly, begun in equity, these must also be there heard. See Ryman v. Lynch, 76 Iowa, 587, and like eases.
Taking up the cause on the merits, it is to be said that the contract was what is known in common parlance as a trading contract, and therefore the plaintiff should be allowed for the shortage a price per acre, not such as estimated for the purpose of exchange, but the actual value thereof. The plaintiff testified the farm was worth $45 per acre, and, as this, as near as can be ascertained from the record, is about what he paid for it in value, it should be allowed him as damages.
The cause is remanded for judgment accordingly. As so modified, the opinion is adhered to. — Reversed.