141 Iowa 604 | Iowa | 1909
The defendant was the owner of the east two-thirds of lot 2, block 25, of the original town of Ft. Des Moines, and the plaintiff was negotiating the purchase Of said property. The petition alleged that an oral
There is nothing in this case but a question of fact, and it is not at all a serious one. In her answer the defendant admitted that she has made an oral contract with Ragsdale whereby she agreed to sell him the property for $16,000. She also admitted that the taxes of 1906 were unpaid at the time she conveyed, and that she was to pay them. She also admitted that the mortgage to the insurance company was to be assumed by Ragsdale as a part of his payment of $16,000 for the property. In addition to this admission in the pleading, the record conclusively shows that $16,000 was the purchase price of the property agreed upon by the .parties, that payment was to be -made by Ragsdale assuming the mortgage in whatever sum might be due and paying the 1906 tax. It is further conclusively shown that he paid $5,650 in cash to the defendant and paid over $350 taxes. The cash payment and the taxes amounted to over $6,000, and the face of the mortgage being $10,000, and there being over $10,000 due on it at the time the conveyance was made to Ragsdale, it is very apparent that Ragsdale did not get the property at the price agreed upon.
While the defendant strenuously insists that the evidence does not show mutual mistake in the written contract, we are unable to agree with such contention. One of two things is absolutely true: Either it was a mutual mistake on the part of young Ragsdale and Mr. Ryan, or there was gross fraud on the part of the latter,- and, as fraud is not charged or intimated, it is very clear that there was mutual mistake.
The appellant says, however, that it is too late to correct a mutual mistake in the written contract, because it has been superseded by the deed, and the plaintiff’s remedy,
The judgment was therefore right, and it is affirmed.