95 Iowa 223 | Iowa | 1895
I. The following facts are shown by the pleadings and evidence, and sufficiently indicate the issues: On December 14, 1891, the defendant Hughes was the holder of the legal title to the eighty acres of land involved in this controversy, the equitable title being in him and the firm of Mallison & Stevens.. On said day, Hughes, as party of the first part, and plaintiff, Mary Miller, as party of the second part,, entered into a written contract for the sale and purchase of said eighty acres of land, the parts of which contract necessary to be noticed are, in substance, as-follows: The party of the first part agreed to sell to the party of the second part said land, “on the performance of the agreements of the party of the second part, as hereinafter mentioned.” The party of the second part agreed to purchase said land for the sum of one thousand six hundred dollars, to be paid a-S follows: Five dollars on the execution of the agreement; three hundred and seventy-five dollars, April 1, 1892; one hundred dollars, January 1, 1893; two hundred and twenty-six dollars and fifty cents, January 1, 1804,— “subject to one hundred mortgage due March 1st, 1893, and eight hundred dollars due January 1, 1896, and all interest on said inc. from this date, with interest from this date at the rate of 7 per cent, per annum on such sums as shall remain unpaid, payable annually till all is paid.” Said written contract contains this further-provision: “And the party of the second part shall also annually pay all taxes and assessments that may accrue on said property, as they become due, or before they become delinquent, and including the tax for the-year 1891. And it is expressly agreed by and between
II. As to the alleged agreement extending the. time for the one hundred dollar payment, we have the testimony of the plaintiff; of Joseph Mallison, with whom it is claimed the agreement was made; and one Ziegler, who was present at the conversation between the plaintiff and Mallison. It is unnecessary that we set out this evidence. We have read it with care,' and reach the conclusion that it fails to establish the alleged agreement, or any facts that justified the plaintiff in believing that any indulgence would be extended to her, or that prompt payment would not be insisted upon. It is questionable whether plaintiff’s evidence shows such an agreement, but, if it does, it is fairly contradicted by the testimony of Mallison, who is corroborated to some extent by the testimony of Mr. Ziegler and defendant Hughes.