120 Iowa 500 | Iowa | 1903
A written contract for the sale-of the land in controversy was executed by and between plaintiff, acting on his own behalf, and one Martin Mee, acting as .agent for John Voss, the then owner of the record title to the land, which provided, among other things, for a cash payment of $1,800, and contained a reservation as follows: ■“It is also understood and agreed that 1st party reserves machinery shed, and all wires but three on pasture fence west of the house, and shall -pay 1899 tax, 1st party agrees to leave premises in as good condition on March 1st, 1900, as they are now in.” The remainder of the consideration, to wit, $3,000, was to be paid on March 1, 1900, at which time deed was to be made by defendants, and possession delivered to plaintiff. There is no doubt that Mee was the agent of Voss, and that he had authority to sell the land on certain terms and conditions. Among these were that Voss was to have $60 net per acre for the land, and was to surrender possession March 1, 1900, and that, if Mee could not get more than $60 per acre for the land, he (Mee) was to have the use of the money received by him
The rules of law involved are notin dispute. Specific .«performance is not granted as of right in every case, even ...though there be a valid contract. It will not be granted where it would be inequitable to do so, nor will it be enforced where there is strong ground for believing that the parties did not understand the contract alike. Hopwood v. McCausland, 120 Iowa, 218. The evidence shows,
This in itself is sufficient to dispose of the case. There is another point, however, which is equally conclusive. While the contract recites the payment of -$1,800 in cash
There is a claim that defendant ratified the contract after it was made. .Ratification, to be of any avail, must be with full knowledge of the facts. This is not shown by sufficient testimony. The trial court had the witnesses before him, and, while the case is triable de novo, we are disposed, when the evidence is close, as in this case, to give this fact importance, and to attach some weight to the findings of the trial court, who had the great advantage of seeing the witnesses who gave testimony.
Our conclusions accord with those of the trial court, and its decree is affirmed.