159 Iowa 658 | Iowa | 1913
The plaintiff has the legal title to the property in contróversy, and is presumptively entitled to the immediate possession thereof. The defendant set up by way. of defense an alleged written contract in the form of correspondence between himself and one IT. J. Worsley, who was the owner of the lots in 1907. Whatever rights the defendant has arise solely out of this correspondence; there being no other negotiation, either oral or written, between him and Worsley. The correspondence was as follows:
Jefferson, Iowa, Sept. 18, 1907.
Mr. H. J. Worsley, Scranton, Iowa — Dear Sir: I offer a bunch of lots on corner two blocks south of your lots and $750.00 cash for your eight lots across alley from me and would like to know if trade can be made soon, as I want to fence my lots if I keep them. Your lots here are handy for me to use is the reason I want them. My lots are well located and worth $800.00 to $1,000.00 and woiild sell easily. ■ Let me hear from you. Very respectfully, John W. Irving.
*660 Scranton, Iowa, 9 — 21, 1907.
John W. Irving — Dear Sir: I received a letter from you last Thursday concerning a trade of lots. As I had to go to Jefferson on'Friday a. m. I inquired about you and found that you were a rural route man. And as I had to get home on the noon train it was impossible for me to see you. However, I got the location of your lots and went out and looked at them and called at your residence, but found no one at home. But I figured the trade this way: You have four small lots out there. They are very nice lots, but far out in the country. I will consider a trade with you, my eight lots for your four for a $1,000.00 and I think that is a very fair trade for both of us. I don’t know what your lots are worth, but think located where they are that $800.00 to $1,000.00 is a little too high or mine too low. I have refused $1,600.00 cash for my eight lots and think that they are cheap at $1,800.00. If you consider this offer any good, let me hear from you or see you. Yours,
H. J. Worsley.
Jefferson, Iowa, Sept. 24, 1907.
Mr. IT. J. Worsley, Scranton, Iowa — Dear Sir: I accept your offer and enclose $50.00 bal. of $950.00 to be paid when deeds are exchanged. Yours respectfully,
John W. Irving.
Jefferson, Iowa, 10 — 18—07.
Mr. H. J. Worsley, Scranton, Iowa — Dear Sir: I have no abstract of my lots here and was not expecting to be to any expense for one on this deal as I come to your price and terms and of course was not expecting any.
Yours respectfully, John W. Irving.
Oct. 25, 1907.
H. J. Worsley, Scranton, Iowa — Dear Sir: As stated before I do not care for extra expense, not having an abstract of lots. You can send warranty deed consideration $800.00 or as you like to bank here, or I will deposit money and deed in bank to your order. Respectfully,
John W. Irving.
It is not claimed by the defendant that the alleged written contract shown by the correspondence contained any express provision for possession to the defendant, but it is urged that the terms of the correspondence were such as to imply a present, accomplished sale and a right of immediate possession. We think it clear that the correspondence implied no
The trial court- properly directed a verdict to the plaintiff, and its order is therefore Affirmed.