93 Iowa 622 | Iowa | 1895
The defendants, Joseph C. and Lenora C. Hardesty, are husband and wife. In June,. 1890, the husband owned lots six and seven in block twenty-nine in Mullen’s subdivision of the city of Council Bluffs, and they occupied them as their place of residence. On the fourth day of the month they signed and acknowledged a deed for each of the lots, from
I. The evidence shows that about the first of June, 1890, Hardesty desired to sell at least one of his lots, and was introduced by an acquaintance named Strang to Daniels. He had an office in Omaha, and was understood to he in the real-estate business. Har-desty authorized him to sell both lots for the sum of one thousand four hundred dollars in cash, subject to a mortgage for three hundred dollars, on lot seven, which the purchaser was to assume. On the third day of June, Strang', acting for Daniels, told Hardesty that the money was ready for the lots. On the next day
II. It is contended by the appellant that Hardesty and his wife aire estopped to question the validity of the deed, because they signed and acknowledged