125 Iowa 321 | Iowa | 1904
It will be observed that to the original claim the defendants could interpose no defense at law, as they never owned the land in township 103 as described in the contract, and therefore had not been in a situation to declare a forfeiture because of plaintiff’s omission to make the payments as stipulated for something they could not sell. Of necessity, they resorted to the equity side for aid. This, however, can prove of no avail. Of course, the contract may be reformed as prayed, but, as thus corrected, it merely expressed the real agreement of the parties from the beginning. There was in fact no sale at all of land in township 103, and the notice of forfeiture as served did not designate property in which the plaintiff was interested. Possibly the