190 Iowa 645 | Iowa | 1921
— On December 5, 1918, the plaintiff entered into a contract with the defendant Mrs. Borsen, whereby the plaintiff agreed to buy, and Mrs. Borsen agreed to sell, for the consideration of $10,000, a certain 22-acre farm, the contract to be performed on March 1, 1919. On the latter date, the plaintiff tendered performance, and Mrs. Borsen refused. Her grounds of refusal present the questions for consideration. The only defense set up by her in her original answer was a denial of certain allegations of the petition, which denial, however, was predicated upon her alleged mental ineompetency to make the contract. She appeared by her son as guardian, who was appointed as such after the beginning of this suit. Some months later, she filed an amendment to her answer, pleading that she signed the contract under the belief that she owned the property, and that she was so informed by her agent; whereas, in truth, she owned only one third thereof. A second amendment was filed, wherein she pleaded the fraud of her agents, in that they became the agents of the purchaser, for the purpose of obtaining the contract of sale. The defense of Bernard Borsen in his individual capacity was predicated upon the denial of any lia
“First: Our twenty-two acre farm Section 27, Wheeler Township north of town, I bequeath to my wife Anna E. Borsen with full right to sell it if she so wishes. ’ ’
The claim that Mrs. Borsen was not the owner of the land was predicated upon this description, as being insufficient to carry to her the title of the land. The only farm owned by the testator was a 22-aere farm, upon which he and his wife lived. It was in Section 27, and was north of town. It was not in Wheeler Township. There was no Wheeler Township north of town. There was a Wheeler Township south of town. After the contract sued on had been entered into, the son, Bernard, brought an action against his mother, to establish his title to two thirds of the land, and predicated his claim upon the alleged misdescription above set forth. This suit was settled by stipulation, prior to the trial of the case before us. By such stipulation between the mother and son, it was agreed that the mother should perform her contract with the plaintiff, and convey the land to him. But it was also stipulated that $8,000 of the purchase money should be paid to a named bank as trustee, and that such trustee should pay to the mother, during her life, the income from such fund, and, subject to such proviso, should hold the same as the property of the son, Bernard. This stipulation was presented to the plaintiff for his consent thereto. He signed his written consent thereto, and agreed to change the method of payment, to conform to such stipulation.
I. Was Mrs. Borsen mentally incompetent to enter into the contract ? The trial court found in the negative. It is sufficient to say that we find the evidence clearly insufficient to justify an affirmative finding. In view of our accord with the finding below on that question, no useful purpose can be served by a detailed discussion of the evidence.
In this case, the' intent of the testator to devise to his wife the farm in question was clear and unmistakable, and we see little trouble in giving effect to that devise.
The foregoing presents the principal grounds relied on for a reversal. We can sustain none of them.
The decree entered below is in all respects — Affirmed.