Seibold v. Davis

• Decision Date: 12 December 1885
• Citation: 67 Iowa 560,25 N.W. 778
• Parties: SEIBOLD v. DAVIS AND OTHERS.
• Court: Iowa Supreme Court

67 Iowa 560

25 N.W. 778

SEIBOLD

v.DAVIS AND OTHERS.

Supreme Court of Iowa.

Filed December 12, 1885.

Appeal from Woodbury district court.

Action in chancery to enforce the specific performance of a contract for the sale and conveyance of land. The relief prayed for in the petition was denied by the decree of the court below. Plaintiff appeals.Joy, Wright & Hudson, for appellant, W. T. Seibold.

J. S. Lawrence and J. H. & C. M. Swan, for appellees, Frank Davis and others.

BECK, C. J.

1. The petition alleges that defendant Pierce, being the owner of certain land, authorized his agents, Ostrom & Mensinger, to contract for him its sale and conveyance; that plaintiff entered into a contract for the purchase of the land with these agents, and in pursuance thereof paid a part of the purchase money, and entered into the possession of the land, and that Pierce subsequently sold and conveyed the land to his co-defendant Davis. The defendants deny that the agents were authorized to sell the land on the terms accepted by them, of which plaintiff had full knowledge. The evidence shows that Ostrom & Mensinger, as agents of Pierce, had sold for him other tracts of land, and had negotiated the sale of the tract in question, before the alleged sale involved in this case to other parties, which had not been consummated on account of some supposed defect in the title. These agents then had a negotiation with plaintiff, who offered $2,000 for the land; $500 cash, and the balance in five equal payments. This offer was communicated by them to Pierce, with a request that he send in reply an abstract of the title to the land. They received the following reply to their letter:

“SIOUX CITY, IA., February 19, '84.

Messrs. Ostrom & Mensinger, Danbury, Ia.,--DEAR SIRS: At your request I enclose abstract of title, which please examine and return. You see I have both titles now, as Goss sued the R. R. Co., and they defended, and the court gave a good decree. No better title in the United States. I will only make three notes of $500 each for balance. They can have all the time they want,--say 3, 4, and 5 years,--but I wont make little bits of payments out of $1,500. Will pay you a full commission, which is $75, being 5 per cent. on first $1,000, and 2 per cent. on excess, which is what I always get from my clients.

JOHN PIERCE.

Come up quick, as I am on a trade with another party at Denison.”

This letter was received the day after its date, and read by the agents to plaintiff. They gave him the abstract accompanying it. Thereupon they entered into a contract with plaintiff, as disclosed by a receipt executed by them in the following language:

“DANBURY, IA., February 21, 1884.

Received from W. F. Seibold five hundred dollars, ($500,) being the first payment on S. E. 1/4 sec. 17, in township 86, range 42 west of 5th P. M., containing, according to government survey, 160 acres, more or less, which he has purchased for the sum of $2,000, to be paid as follows, to-wit: $500 in hand paid, the receipt whereof is hereby acknowledged, and the balance of the $2,000 in three equal annual payments, the first deferred payment on or before three years from date of deed. All deferred payments to draw interest at 8 per cent. per annum, payable annually, at Sioux City, the deferred payments to be secured by mortgage on above-described land.

OSTROM & MENSINGER,

Agents for John Pierce.”

The day...