127 Iowa 560 | Iowa | 1905
In the latter part of February, 1902, the parties to this suit entered into a written contract by the terms of which the defendant sold to the plaintiff a section of land, and agreed to convey the same to him by warranty deed upon payment of the full consideration named in the contract. Nine hundred and sixty dollars of the purchase price was paid in cash at the time the contract was executed, and the balance thereof was payable in annual installments, the last of which was to become due in February, 1907. The contract provided that the defendant should deliver to the plaintiff at Onawa, Iowa, within a reasonable time, an abstract of title showing good and perfect title in the defendant. The contract stated that it was “ understood and agreed that the above premises are sold to second party for improvement and cultivation.” Between the 1st of May, 1902, and the 9th of January, 1903, several demands were made for the abstract of title, all of which were met with promises that it would soon be forwarded to the plaintiff. It was not furnished, however, and on the date last named the plaintiff in writing notified the defendant, in effect, that he elected to rescind the contract because of its failure to furnish the abstract. This notification was answered by the defendant on tire 13th day of January, 1903, by a letter in which its inability to show title was stated, and in which it offered to put up a bond conditioned to deliver a perfect title before final payment for the land was made. The plaintiff did not answer this letter, and on the 9th day of April, 1903, the defendant wrote him that it had perfected its title, and would soon forward tire abstract. This letter remained unanswered
The judgment is affirmed.