A Digest of Decisions of the Supreme Court of Iowa: From the Organization of the Territory Until the End of January, 1908 ...Callaghan & Company, 1909 |
Common terms and phrases
action Agency agreement amount Appeal Ass'n assessment Att'y Bank Bills board of supervisors bond breach Burlington Cedar Rapids Chicago claim Code Const Conv conveyance Corp Council Bluffs County court court of equity creditor Crim damages debt defendant devise District Tp Dubuque enforced entitled Equity erty Estop evidence execution fact holder Homestead Ibid Injunc Instruc interest Iowa Judgt land levy liable lien ment Moines Mortg mortgage notice owner P. R. Co paid parol party payment personal property plaintiff Plead Polk County possession Prac purchase money Railr Real Prop real property recover redeem redemption References Replevin resulting trust School Dist seller sold specific performance Stat statute of frauds statutory provision subsequent sufficient surety tax deed tax sale tax title taxation tender testator thereof tion titles and sections township tract treasurer trust valid vendee vendor void warranty
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Էջ 3623 - But where a chattel is to be made or supplied to the order of the purchaser, there is an implied warranty that it is reasonably fit for the purpose for which it is ordinarily used, or that it is fit for the special purpose intended by the buyer, if that purpose be communicated to the vendor when the order is given, as is shown by the authorities now to be reviewed.
Էջ 3691 - Respondent cannot show a case where the plaintiff, in an action to compel the specific performance of a contract to convey real estate, is relieved for any cause from part of the purchase-money and yet obtained a decree of title.
Էջ 4072 - that nothing was better established than this principle, that money directed to be employed in the purchase of land, and land directed to be sold and turned into money, are to be considered as that species of property into which they are directed to be converted...
Էջ 3741 - And, where two statutes cover, in whole or in part, the same matter, and are not absolutely irreconcilable, the duty of the court — no purpose to repeal being clearly expressed or indicated — is, if possible, to give effect to both.
Էջ 3776 - ... all public libraries, grounds and buildings of literary, scientific, benevolent, agricultural and religious institutions, and societies devoted solely to the appropriate objects of these institutions...
Էջ 3726 - A thing within the intention, is within the statute, though not within the letter ; and a thing within the letter, is not within the statute, unless within the intention.
Էջ 3935 - It therefore prohibits a party from purchasing on his own account that which his duty or trust requires him to sell on account Of another, and from purchasing on account of another that which he sells on his own account. In effect, he is not allowed to unite the two opposite characters of buyer and seller, because his interests, when he is the seller or buyer on his own account, are directly conflicting with those of the person on whose account he buys or sells.
Էջ 3706 - ... where the purchase money, or any portion thereof, has been received by the vendor, or when the vendee, with the actual or implied consent of the vendor, has taken and held possession thereof under and by virtue of the contract, or when there is any other circumstance which, by the law heretofore in force, would have taken a case out of the Statute of Frauds.
Էջ 3859 - The Assistant Attorney General having taken this appeal, it will be presumed, in the absence of a showing to the contrary, that he acted, in so doing, under the supervision and control of the Attorney General.
Էջ 4055 - I give as follows, to wit : one-half of my real estate, also all my personal property, all her natural life, and, at her decease, to be equally divided between my two daughters; the one-half of my real estate I bequeath to my two daughters and their heirs.