77 Iowa 636 | Iowa | 1889
The defendant Silas Ireland built on the premises in question a house and made other improvements, under claim of purchase thereof by oral contract with the Blair Town Lot and Land Company. Afterwards the Town Lot and Land Company sold the lots by contract to one Hoyt, who assigned the contract to the plaintiff company. The principal point in controversy is as to the title or right of the defendant Silas Ireland to occupy the premises. The contract under which Ireland took possession of the lots is involved in much doubt as to time of payments and some other particulars, and we think it unnecessary to make definite findings in that respect. It is, indeed, doubtful if there was any definite understanding. Prom the testimony we feel satisfied that Ireland built there expecting to pay for and own the lots, and, after he was in possession, the Town Lot and Land Company, byits agent, knew of this possession, and hoped for a completion of the contract of sale by payment of a part of the purchase price. After Ireland was in possession and making the improvements, there was talk of making the payment. It was not the understanding that it was to be a sale without a cash payment, and no such payment was made. We think there never was a sale. In fact it is scarcely urged in argument that there was a completed contract between the Town Lot and Land Company and the defendants; appellants’ contention being apparently with regard to the house as distinct from land. Without reviewing the testimony, we 'will state our conclusions, that as to the lots the appellee is the owner, and the title thereto is quieted in it. The house was built on the land with an understanding that a contract of sale might be completed, and the Town Lot and Land Company, in selling the lot in question, sold it for the value of the lot alone,
Modified and Affirmed.
