128 Iowa 269 | Iowa | 1905
Prior to November, 1903, the plaintiff, who had changed his residence from Ooming to Oklahoma City, Okla., was owner of a farm in Adams county. F. L. La Rue had advised him that it might suit a person living in Illinois, and, after considerable correspondence, wrote that this person (naming him as Mr. White of Abington, 111.) would pay $60 per acre; the seller to place a mortgage of $15,000 on the land, and convey subject thereto, and balance of purchase price to be paid by December 1, 1903. The letter also mentioned that White would pay La Rue a small commission, and that the latter had arranged for the loan. The plaintiff accepted this offer, and he and his wife signed and acknowledged a deed of conveyance to- Archibald White, as grantee, and also a mortgage on the land, as proposed, which, with appropriate notes and coupons, were forwarded to La-Rue. Shortly afterwards the plaintiff returned to Coming, and on November 9 a contract was prepared, by the terms of which the grantee was to assume the payment of the mortgage of $15,000, pay in cash $6,000 December 15, 1903, and $3,260 February 4, 1904; deed to be delivered to- the Corning State Savings- Bank, of which La Rue was president, to be held in escrow until full payment of the purchase price. La Rue was to- send this contract to White for signature. The first payment was not made, but in December La Rue explained that White had been sick, and he had been to Illinois and obtained from him a certified check for $1,000, but did not send it to plaintiff. After some farther correspondence the latter called on La Rue, who advanced, as he claimed, $150 for White; saying that, if White did not take the land, he would. On January 30, 1904, La Rue
This somewhat extended statement has seemed essential to a full understanding of the questions presented. From it the conclusion is readily deducible that neither the bank of which La Rue was president nor La Rue was authorized to erase White’s name from the deed and insert that of Squire or of any one else instead, or to act as plaintiff’s agent in the sale of the land to any one except White, or to deliver the deed to any one else than White, or to him save upon the complete payment of the purchase price. Hence the correctness of the decree in canceling the deed to La Rue and Squire and their contract- with Carpenter is not questioned. Some of the findings- of fact made by the court are criticised, but, as these were important only as bearing on the personal liability of Squire for the remainder of the price, and the decree in this respect was in his favor, he cannot be heard to complain. Nor do we think he was prejudiced by that portion- of the decree establishing a vendor’s lien, and allowing him to obtain title to the land by redeeming therefrom. True, he was a stranger to the transaction in which plaintiff arranged to sell to White, or impliedly to allow La Rue to carry out White’s agreement; and, as the contract he had made with La Rue was void for want of authority on the part of the latter, there was no privity of contract between him and Mitchell, and therefore no foundation for. the relief awarded in his favor. One who is accorded an advantage to which he is not entitled, however, is not. in a situation to complain.
The only debatable question raised by the record is whether Mitchell should have been required 1 to restore to
Some question is made as to whether all deferred payments under the contract of sale to White had matured when this action was begun. A sufficient answer is that this is no • concern of Squire’s. It will be time enough to dispose of that question when some one interested in the contract or land raises it.— Affirmed.