89 Iowa 491 | Iowa | 1893
There is a controversy as to the facts of this case, and the evidence is very much in conflict. The following are the material facts as found by the district court: “That prior to the second day of October, 1891, said plaintiff had negotiated with the agent of Joseph E. Sharp for the purchase, at and for the sum of nineteen dollars per acre, of the southwest quarter of section number 15, in township number 89 north, of range 26 west of the fifth prime meridian, Iowa. That thereupon it was agreed between plaintiff and defendant that defendant should become the purchaser of the south eighty acres of said land from said Sharp, and plaintiff of the north eighty acres of said land; the defendant to pay for said south eighty acres at the rate of twenty dollars per acre, and the plaintiff to pay for the north eighty acres thereof at the rate of eighteen dollars per acre; each to pay his respective share of the money to be paid in advance, and of each of the deferred payments, to wit, a total of one thousand and twenty-one dollars cash in advance, and two thousand dollars in deferred payments, to be paid in five annual payments of four hundred dollars each, with interest thereon, payable annually, at seven per cent. That the plaintiff paid of the advanced payment the sum of four hundred and ninety dollars, and the defendant the sum of five hundred and twenty-one dollars. That the said Sharp refused to make separate deeds for the said land, whereupon it was agreed that the defendant should take a deed from said Sharp for all of said land, and give a mortgage thereon to secure all of the deferred payments, and upon the receipt of such deeds to convey the north eighty acres thereof to the plaintiff. That defendant received a deed of all
IY. It is claimed that the contract -is not sufficiently definite to justify a decree for specific performance. We do not see why. The contract, as alleged and established, is that the defendant should take the title, to all instead of one half the land, and convey a specific part to the plaintiff for a specified consideration. It is true that as to some, not very important, particulars there is indefiniteness, but these particulars do not go to the merits of the case, and in no way interfere with a decree such as the court ordered. No authority cited denies specific performance in such a case. To our minds, the judgment meets the demands of justice, and it is afeiemed.