Reuter v. Middlebrook
Decision Date | 15 December 1964 |
Docket Number | No. 51529,51529 |
Citation | 131 N.W.2d 817,257 Iowa 158 |
Parties | Harvey REUTER and Vernon Reuter, Appellants, v. Roy A. MIDDLEBROOK and Della Belle Middlebrook, his wife, and Harian Middlebrook and Wilda Middlebrook, Appellees. |
Court | Iowa Supreme Court |
Kevin C. McGuire, Cresco, and Isadore Meyer, Decorah, for appellants.
Elwood, Anderson & Elwood by Frank D. Elwood and Dale Elwood, Cresco, for appellees.
Plaintiffs filed action against defendants to quiet title to a certain 40 acre tract in Howard County, Iowa, which had been the subject of negotiation for sale by plaintiffs and purchase by defendant Roy A. Middlebrook. Defendants Harlan Middlebrook and wife were parties because they were going to be tenants and had entered into possession of the property. Defendant Roy A. Middlebrook filed answer denying the allegations of plaintiffs' petition, and alleging he had purchased the property under written agreement and prayed for dismissal of petition and for such other and further relief as may be deemed equitable.
The trial court dismissed plaintiffs' petition and entered judgment and decree holding that defendant Roy A. Middlebrook had purchased the property under written contract and ordering specific performance of such contract. Plaintiffs appeal.
I. Harvey and Vernon Reuter inherited 80 acres of farm land in Howard County from their father, William C. Reuter. Same was subject to a mortgage of $1400. The father's estate is still open and J. A. Thomson was appointed and is acting as executor thereof. He was not granted authority under the will to sell, and any sale needed the approval of both beneficiaries under the will. Vernon Reuter lived in Howard County, Iowa, and Harvey Reuter was at least temporarily living in Phoenix, Arizona. Vernon received a bid of $200 per acre from Roy A. Middlebrook and of $201 an acre from Donald Kach for the full 80 acres. The parties were going to meet Mr. Thomson, the executor, at the Cresco Union Savings Bank of which Mr. Thomson was president, to discuss the matter of further bidding. However, on April 16, 1963, Vernon asked Mr. Thomson to postpone the bidding because defendant Middlebrook had offered $8000 for the unimproved 40 acres and had guaranteed to purchase the other 40 acres from Vernon at any time he disired to sell same.
Vernon was there in the city, but since Harvey was in Arizona it was necessary that he be called to discuss the matter of the bids and the sale of the property. Mr. Thomson told Vernon he would telephone Harvey and he called him on the morning of April 17, 1963.
Wilma Weinkauf testified she was the secretary for Mr. Thomson. She said it was a custom in the bank that she would take all long distance calls in shorthand, and afterwards transcribe them. She states she took all of the two conversations between Harvey Reuter and Mr. Thomson, one in the forenoon of April 17, 1963, and the other at two o'clock in the afternoon. She read both conversations into the record and testified they were verbatim as spoken and as transcribed immediately afterwards. Mr. Thomson also testified they were correct as she read them into the record. They were as follows:
In accordance with this conversation, held in the morning, further negotiation was entered into between Mr. Thomson, Vernon and Mr. Middlebrook. They finally agreed that Mr. Middlebrook would pay $8700 for the 40 acres, which would give Harvey $8000 net and would pay one-half of the mortgage of $1400 which was against the full 80. Vernon and Mr. Thomson had a lawyer prepare the contract, Vernon signed it and Mr. Thomson signed it on behalf of Harvey in accordance with their conversation on the morning of April 17th. Mr. Thomson then had another conversation with Harvey Reuter on the afternoon of April 17th, which conversation was as follows:
This is the contract entered into between the parties, and which is the subject of this litigation.
Plaintiff Harvey Reuter when he was a witness at the trial admitted in...
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