Holmes v. Redhead
| Decision Date | 21 January 1898 |
| Citation | 73 N.W. 878,104 Iowa 399 |
| Parties | HOLMES v. REDHEAD. |
| Court | Iowa Supreme Court |
OPINION TEXT STARTS HERE
Appeal from district court, Polk county; T. F. Stevenson, Judge.
Action in equity to enforce specific performance of a contract to convey real estate. Decree for defendant. Plaintiff appeals. Affirmed.J. L. Carney, for appellant.
St. John & Stevenson, for appellee.
The contract which is set up as a basis for the relief sought by plaintiff is in writing, and is as follows:
“Des Moines, Iowa, December 22, 1894.
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¦Double brick flat ¦$ 4,000¦
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¦Bixby house, barn, and land ¦4,000 ¦
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¦Watson house and lot ¦2,000 ¦
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¦Lomley house and ground ¦1,500 ¦
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¦5 lots in K, 14 lots in J, 10 lots in S, Redhead's Add ¦5,800 ¦
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¦Lots 23, 22, 21, 20, 19, 18, 16, 15, Block Add. ¦6,200 ¦
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¦Lots 8, 9, 10, 11, 12, and 14, Block A, East Park Place¦4,300 ¦
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¦ ¦$27,800¦
+---------------------------------------------------------------+
The above property to be free from incumbrance, except $2,000 on the double brick flat. Said Redhead agrees to take in even exchange Holmes vinegar plant, consisting of the lot on which it stands, 60 feet by 180 feet, and all of the permanent fixtures used in the manufacture of vinegar, pickles, yeast, and cider; also, a feed lot, which contains about two and one-half acres, four horses and harness, and two wagons, all of which is free of incumbrance. Said Holmes property is in Marshalltown, Iowa, and property of said Redhead is located in Des Moines, Iowa.
Annie S. Redhead,
By George Redhead.
Joseph Holmes.
Des Moines, December 22, 1894. Received on the within contract $1, to apply on the within trade.
George S. Redhead.”
We are confronted at the outset with an issue of fact presented by the answer, the determination of which is decisive of this case: Was the writing in question the contract of the defendant? It is obvious that, to answer this interrogatory, we must ascertain whether George S. Redhead, who was the son of defendant, had authority to affix his mother's name thereto. The testimony is not materially conflicting. Many facts are not in dispute. We deem it unnecessary to set them forth in detail, but will give our conclusions.
Annie S. Redhead, the defendant, is a widow, and derived title to the real estate involved, with considerable other property, by devise from her husband. She is not a woman of much business capacity or experience, and has been dependent upon others for advice and assistance in the management of her estate. Her son George S. had charge of the making of leases to her tenants and the collection of rents, but, when real property was sold or other transactions of magnitude undertaken, she usually went to others for advice, and principally to Mr. St. John, her attorney. It seems that negotiations were begun between plaintiff and George S. Redhead looking to the exchange of some of defendant's real estate for a vinegar plant belonging to plaintiff, and which was located in Marshalltown, Iowa. After a time these negotiations culminated in a visit of plaintiff to Des Moines, where the Redheads resided. It is at this time that defendant first...
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... ... Ruddy, 20 N.J. Eq. 236; Armstrong v. Lowe, 76 ... Cal. 616, 18 P. 758; Halsey v. Monteiro, 92 Va. 581, ... 24 S.E. 258; Holmes v. Redhead, 104 Iowa 399, 73 ... N.W. 878; Everman v. Herndon, 71 Miss. 823, 15 So ... 135; Stengel v. Sergeant (N. J.), 68 A. 1106.) ... ...
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Larson v. O'Hara
...71 Conn. 401, 42 Atl. 81; Stewart v. Pickering, 73 Iowa, 652, 35 N. W. 690;Furst v. Tweed, 93 Iowa, 300, 61 N. W. 857;Holmes v. Redhead, 104 Iowa, 399, 73 N. W. 878;Balkema v. Searle, 116 Iowa, 374, 89 N. W. 1087;Campbell v. Galloway, 148 Ind. 440, 47 N. E. 818;Dickinson v. Updike (N. J. Er......
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Larson v. O'Hara
...71 Conn. 401, 42 A. 81; Stewart v. Pickering, 73 Iowa 652, 35 N.W. 690; Furst v. Tweed, 93 Iowa 300, 61 N.W. 857; Holmes v. Redhead, 104 Iowa 399, 73 N.W. 878; Balkema v. Searle, 116 Iowa 374, 89 N.W. Campbell v. Galloway, 148 Ind. 440, 47 N.E. 818; Dickinson v. Updike (N.J. Eq.) 49 A. 712;......
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Larson v. O'Hara
...71 Conn. 401, 42 Atl. 81; Stewart v. Pickering, 73 Iowa, 652, 35 N. W. 690; Furst v. Tweed, 93 Iowa, 300, 61 N. W. 857; Holmes v. Redhead, 104 Iowa, 399, 73 N. W. 878; Balkema v. Searle, 116 Iowa, 374, 89 N. W. 1087; Campbell v. Galloway, 148 Ind. 440, 47 N. E. 818; Dickinson v. Updike (N. ......