136 Iowa 122 | Iowa | 1907
Lead Opinion
There is no controversy as to the facts on which the judgment of the trial court was based; and the sole question is -as to whether as a matter of law the plaintiff district, having made a contract for the purchase of a schoolhouse site and accepted a conveyance thereof in consideration of credit given to the defendant for the purchase of the old building and for money paid, can without tendering a recon-veyance have judgment against the defendant for the amount paid upon a reversal by the county superintendent of the action of the board in selecting the new schoolhouse site.
It must be’conceded that the action of the board of directors of plaintiff in fixing a new site, under Code, section, 2773, is subject to the review of the county superintendent, under Code, section 2818, and that, after such action of the
The contention of appellant is that the plaintiff district had apparent title by the conveyance, and should have tendered a reconveyance before suing to recover the consider
The judgment of the trial court is therefore affirmed.
Concurrence Opinion
(concurring).— I concur in the foregoing opinion solely upon the ground that the deed to defendant had never been accepted or recorded, and the refusal of the county superintendent to approve the conveyance left the parties as they stood before the attempted or proposed transfer of title. I do not agree to the other propositions laid down in the opinion.