171 Iowa 88 | Iowa | 1915
Sec. 2974 of the Code provides that:
“No conveyance or incumbrance of or contract to convey or incumber the homestead, if the owner is married, is valid, unless the husband and wife join in the execution of the same joint instrument, whether the hometsead is exclusively the subject of the contract or not, but such contracts may be enforced as to real estate other than the homestead at the option of the purchaser or incumbrancer.”
This statute cannot be obviated by the oral assent of the wife. Donner v. Redenbaugh, 61 Iowa 269; Stinson v. Richardson, 44 Iowa 373. It is well settled that a contract made by the husband for the disposition of the homestead where the wife does not join, cannot be specifically enforced. Wheelock v. Countryman, 133 Iowa 289; Hostetler v. Eddy, 128 Iowa 401. The principle is well settled that where an agent undertakes to find a purchaser or one who will exchange properties, it is incumbent upon him to furnish a person ready, able and willing to buy or exchange on the terms fixed. To accomplish this, where the exchange or sale is not actually made and no written contract entered into, the vendor and proposed purchaser must be brought together so that the principal may secure a valid and enforceable contract if he wishes so to do. The proposition should be to the principal, to the end that the statute of frauds may be obviated by reducing the agreement to writing. Beamer v. Stuber, 164 Iowa 309; Johnson v. Wright, 124 Iowa 61. While the plaintiff procured Fulwider, who was ready and willing to