175 Iowa 542 | Iowa | 1915
In their original petition, plaintiffs alleged themselves to be the owners in fee simple of certain described real property and that their title in part was acquired by purchase from the heirs of one Herman Lanz, deceased, one of whom was the defendant May Schumann, such purchase being made by written contract signed by said May Schumann and Rosa Stecher; but that by mistake, there was omitted from the contract words expressing an agreement by the sellers that their husbands should unite in the deed of conveyance.
The case of Miller v. Morine, 167 Iowa 287, on the subject of contract partly oral and partly in writing, has no application to the issues here presented. To sustain the decree below, it is not necessary to base it upon the theory that defendant A. C. Schumann was a party to a contract partly in writing and partly in parol. It is true there was a written contract, but it was not with him. So far as he is concerned, it was' wholly oral, and by his demurrer, he admits it as alleged. The decree of the trial court is clearly equitable, and it is— Affirmed.