129 Iowa 188 | Iowa | 1905
The parties hereto reside near Holstein, and were passing the evening of February 20, 1904, in the saloon of Groskrueger. Each had partaken freely of that fluid which is said to have made Milwaukee famous. Weiben, when somewhat exhilarated, proposed to sell Kuhlman his farm of 160 acres. Kuhlman asked his price, and was informed that he would take $80 per acre, $1,000 to be paid before March 1st, and the remainder, in five years, with' interest at the rate of 6 per cent, per annum, secured by a mortgage on the land. Kuhlman accepted the proposition and paid $10 down. On the following morning Weibencarried the money back to Kuhlman and offered to return it, saying, “ Better let the deal go, as both were drunk.” Kuhlman said, “ No,” and wanted $1,000 for letting him out of the bargain. Weiben replied that he would spend that amount before he would give him any money, and left the $10 on the center table. ^Kuhlman testified that Weiben stated his wife would not sign the deed, but this Weiben denied. Weiben testified that he was drunk, but Kuhlman thought otherwise. Kuhlman made no tender of the money to be paid March 1st, and Weiben said that, if he had come, he might have paid $300, $'400, or $500, and kept the land, “ maybe and maybe not.” ,
Reversed.