42 Neb. 87 | Neb. | 1894
On the 25th day of June, 1888, Agnes B. Hoock, by her contract in writing of that date, agreed to sell to Anna K. Bowman lots 1 and 14, in block 1, in Hooek’s subdivision of lots 15 and 16, in Brookline, in Douglas county, Nebraska. By the terms of the contract Mrs. Bowman was to pay a certain part of the purchase money down and the remainder to be paid in monthly installments; and when all such payments were made, Mrs. Hoock was to convey the property to Mrs. Bowman by warranty deed. Mrs. Bowman having failed to make the payments as provided by the contract, Mrs. Hoock brought this suit in the district -court of Douglas county against Mrs. BowmaD, setting
It appears from the evidence in the record that Mrs.. Hoock first sold these lots to one Seymour, giving him abontract of purchase similar to the one in suit, and that Seymour assigned his contract to Mrs. Bowman, and she surrendered it to Mrs. Hoock and took in its place the contract made the basis of this action. The contention of the appellant is, and the evidence tends to support it, that she was present at the time Mrs. Hoock contracted to sell the land to Seymour, and that she then and there heard Mrs.. Hoock represent to Seymour tliat lot 1 was a corner lot, fronting on Park street and Western avenue, and that lot
As to the other defense, that after the execution of the contract in suit the appellee sold and conveyed the property to.a third .party,.there is no dispute; but the evidence shows that the contract in controversy here was duly signed, witnessed, and acknowledged by Mrs. Hooclf, and filed in the pffice of the register of deeds of Douglas county prior to the time appellee sold and conveyed the premises to said third party. Appellee’s grantee, then, took only the interest which she had in the property, and the effect of her sale, and conveyance was to assign to such third party all her interest in the contract in suit. The grantee of this property, under the deed from the appellee, took it charged with whatever interest the appellant had therein by virtue of her contract with the appellee. Appellant, then, was not prejudiced by the sale and conveyance made of the property by the appellee; nor did such sale and conveyance, under the circumstances, entitle the appellant to a rescission of the contract in suit. The decree of the district .court is
Affirmed.