141 Iowa 482 | Iowa | 1909
The instrument sued on was in form a promissory note for $200, to which was added the following clause: “Subject to the clearing of title to lots in ITyde Park for which this is given as part purchase price.” It appears that all the lots included in the purchase, for part payment of which the note was given, were in Hyde Park addition to the city of Des Moines, and were held by the grantor under tax deeds. It also appears that an action to quiet title was brought, in which title to all the lots save one was quieted in the defendant Globe Realty Company, the grantee of the lots.
Bor the reasons pointed out, the judgment is reversed.