167 Iowa 410 | Iowa | 1914
The verdict being directed at the close of plaintiff’s case, the testimony and the inferences therefrom should be construed most favorably to plaintiff and appellant; and a perusal of the record indicates that there is no conflict in the evidence, and little or no doubt regarding the proper inferences to be derived therefrom. Margaret O'. Hawthorne was the record owner of a certain house and lot in the city of Des Moines, and W. S. Hawthorne was ostensibly, at least, her
This agreement, made this 6th day of May, A. D. 1911, between W. S. Hawthorne of the county of Polk and state of Iowa, party of the first part and IT. H. Sawyer of the county of Polk and state of Iowa, party of the second part:
1. Witnesseth that party of the first part hereby agrees to sell to party of the second part, on the performance of the agreements of the party of the second part, as hereinafter mentioned, the following described real estate, situated in the city of Des Moines, county of Polk and state of Iowa, and to convey the same or cause to be conveyed by warranty deed whenever the terms of this ■contract are complied with.
2. Party of the first part further agrees to furnish to party of the second part, or his assign, a good and sufficient abstract of title showing the lawful title of record in said premises to be without incumbrancej except such liens and incumbrances as are imposed thereon by party of second part or assigns since the execution of this contract.
3. Party of the first part further agrees to make the following alterations and improvements On the said premises before the fifteenth day of September, A. D. 1911, and before .the payment of two hundred fifty dollars ($250.00) to be payable on that date shall be due or payable.
(1) To replace all broken window glass on said premises.
(2) To remove the water pipes in the rooms on the second floor and then on first floor.
(3) To place a sill cock at the south side of the house near the east corner, and to place a new faucet in the cellar.
(4) Reset all loose brick in the foundation of the house on the premises and repair all defective plumbing.
(5) To put a cement floor in the coalroom of the premises and repair the cement drive.
4. In consideration of the above, party of the second part agrees to purchase from the party of the first part the following described property: [Here follows description of prem
5. To assume and pay a mortgage not to exceed two thousand six hundred eighty-five dollars ($2,685) at not to exceed six and one-half per cent, interest per annum, payable semiannually on the tenth day of October and April each year, now outstanding against said premises, and to pay the further sum of two thousand one hundred and sixty-five dollars as follows: Fifty dollars ($50.00) on the delivery of this contract and two hundred fifty dollars on or before September fifteenth, 1911. Seven hundred dollars on or before January fifteenth, 1912, and the further sum of thirty-five dollars ($35.00) on the fifteenth day of each month, beginning on the fifteenth day of September, 1911, until the full amount of this contract is paid.
6. It is further agreed by both parties to this contract that all of the amounts referred to in paragraph 5 of this contract except the mortgage shall bear interest at the rate of seven per cent. (7%) per annum from the fifteenth day of September, 1911, until it is paid. That party of the second part shall pay party of the first part the further sum of thirty-five dollars ($35.00) per month as rental for the above premises until the fifteenth day of September, 1911. That everything on the above described premises is to remain and go with the premises except a trunk and certain personal effects belonging to party of the first part now stored in the attic of said premises. That party of the second part shall pay the second installment of taxes for 1910 and second installment of interest for 1911 on the above described mortgage, but that the amount so paid shall be deducted from the amount to be paid to party of the first part as purchase price.
Witness our hands this 6th day of May, A. D. 1911.
[Signed] W. S. Hawthorne.
H. IT. Sawyer.
Plaintiff assigned this contract without the consent of the vendor about September 15, 1911, to one McGregor, and Mc-Gregor entered into possession of the premises, on September 29th of the same year. The improvements which the vendor had agreed to make before September 15th had not all been made, but McGregor, on September 15th in the presence of
Margaret C. Hawthorne,
By C. J. Eller, Atty.
H. H. Sawyer,
Atty. for C. D. McGregor.
Margaret C. Hawthorne agrees to deposit $25.00 cash for said Sawyer before the 4th inst. (Dec. 1911) in place of note above described.
Margaret C. Hawthorne,
Per C. J. Eller, Attorney.
As already stated McGregor moved out of the premises before December 1st, and surrendered the keys to plaintiff. Plaintiff went to the property and looked it over, but the next morning upon returning to it again, he found that the defend
What we have said indicates that certain rulings made by the trial court on the reception and rejection of testimony were erroneous. These need not be pointed out specifically,
For the errors pointed out, the judgment must be and it is — Reversed.