69 Iowa 174 | Iowa | 1886
The defendants, Stephen and Kate D. Hoyt, are husband and wife. The contract sought to be enforced was between plaintiff and defendant Stephen. The parties had been engaged in business for some years as partners, and the contract was entered into upon the dissolution of the firm, and was a settlement of the partnership business. By it plaintiff assumed the debts of the firm, and he agreed to surrender to Stephen Hoyt a promissory note for $1,000, which the latter had executed to him when the partnership was formed, and which was given for a one-half interest in the business, ■which had formerly been carried on by plaintiif,
Plaintiff seeks by this action to enforce the conveyance of the three tracts of real estate specifically described in. the contract. It is proven that plaintiff has fully performed his undertakings in the contract. He delivered up the $I-,000 note when the contract was executed, and has since paid the debts of the firm. No question is made as to his right to a conveyance of two of the parcels of real estate. At the time the contract was entered into, and for some time prior thereto, Stephen Hoyt occupied the other tract with his family as a jfiace of residence, and he now claims that it was exempt to him as a homestead, and consequently that, as his wife did not concur in and sign the contract, it is of no validity as to that property. The evidence shows to our satisfaction that, when the property was purchased, it became the property of the firm. Defendant claims, however, that after its purchase it was agreed between him and plaintiff that it and another parcel of real estate which had been purchased by the firm should be withdrawn from the assets of the partnership, and that he should take the tract in question, and plaintiff should take the other tract as individual property. This claim, how
The judgment of the circuit court will be
Affirmed.