107 Iowa 490 | Iowa | 1899
The contract in suit was in writing, and a copy thereof is as follows: “Elmore, Minn., 4-25-91. Received of Win. McGuire and W. O. Strouse, $25, applying on purchase of and payment on south half (-J) southeast, and northwest S. E., Sec. 15, township 99, range 2A Sold to them at $8 (eight dollars) per acre. Terms: One-third cash; balance in two and three years, equal payments, at 6 per cent, interest annually. Deed and abstract to be sent to the First National Bank at Clarion, Iowa, to be delivered on payment of balance of first payment and execution of mortgage and notes for remainder; notes to be drawn on or before. Said O. S. Blanchard agrees to carry out abstract, as examined by W. M. McGuire, and show title vested in the said O. S. Blanchard; and, in case the said W. M. McGuire does not accept said abstract and deed, then he is to forfeit said twenty-five dollars ($25). C. S. Blanchard.” The petition alleges that the plaintiff transacted business under the firm name of McGuire Bros. & Strouse, and entered into the contract set out with the defendant; that, in compliance with the contract, the defendant agreed to perfect in himself the title to the land described, but that he has wholly failed and refuses to do so, and has failed and refuses to return the part of the price paid, and refuses to make and give sufficient deed for the land, and has sold and disposed of the land, and is unable to comply with the contract. The plaintiff avers that it has sustained damages, by reason of the breaches of contract alleged, in the sum of five hundred dollars, and judgment for that amount is demanded. The answer of the
We now turn to the evidence to ascertain what it shows. O. L. Lund testified that the market value of the land on the first of September, 1891, was twelve dollars and fifty cents per acre. The only other witness was W. M. McGuire. He testified that he was the one who entered into' the contract with the defendant; that the land was worth eight dollars per acre at about the time the contract was entered inte, and twelve dollars to thirteen dollars per acre from the first of June to the first of September, 1891; that, when the written contract was signed, the defendant had an abstract, which was examined; that the witness waived several of the defects in the title which it showed, and which are not now questioned, but did not waive another very serious one, and insisted that it should he cured. The witness denied that the