Snider v. Fisk, 56047
| Decision Date | 22 May 1974 |
| Docket Number | No. 56047,56047 |
| Citation | 218 N.W.2d 652 |
| Parties | Harold SNIDER, Appellant, v. Carroll FISK, Appellee. |
| Court | Iowa Supreme Court |
Virgil E. Meyer, Chariton, for appellant.
Reynoldson, Brown & Van Werden, Osceola, for appellee.
Heard before MOORE, C.J., and LeGRAND, REES, UHLENHOPP and McCORMICK, JJ.
The decision in this specific performance case turns on whether a purported land contract was executed conditionally, and that issue involves a question of fact on which the two principals in the case testified in direct contradiction to each other. We have carefully studied the evidence to determine where the truth lies, as the case is here de novo. Janssen v. North Iowa Conference Pensions, Inc., 166 N.W.2d 901 (Iowa).
Trial courts have considerable advantage over us since they are able to watch the witnesses on the stand. We therefore lean rather heavily on their findings on fact questions, although we do not abdicate our responsibility of making the final determination. Imperial Refineries Corp. v. Morrissey, 254 Iowa 934, 119 N.W.2d 872. After considering the evidence adduced and also the trial court's decision, we find the facts to be as follows.
Carroll and Elizabeth Fisk, husband and wife, owned a quarter-section farm in joint tenancy in Lucas County, Iowa. Harold Snider, a garage owner in Chariton, Iowa, owned and had previously bought and sold real estate. He desired to buy Fisks' farm.
Snider approached Carroll Fisk (Fisk) several times about purchasing Fisks' farm. Fisk testified that on those occasions he told Snider Mrs. Fisk owned half of the farm and any sale would depend on her consent. Snider denies Fisk so informed him. The evidence in light of the trial court's findings persuades us that the truth lies with Fisk on this issue, as well as on several other issues on which the two men gave divergent testimony.
On May 25, 1971, Fisk drove to a welding shop in Chariton. Snider drove in, stopped in front of Fisk, and engaged him in conversation about the sale of the farm. Snider raised his previous offer by $2,000. Fisk stated that the transaction would be subject to his wife's approval. On that understanding, Snider then wrote, and the two men signed, the following document:
Snider retained the document. He handed his check for $1,000 to Fisk.
Fisk reported the matter to his wife the same day, but she refused to sell. Shortly thereafter Fisk so informed Snider.
Snider prepared a formal real estate contract on a form published by The Iowa State Bar Association, calling for the sale of the farm to Snider by Carroll Fisk and Elizabeth Fisk and spelling out terms. He presented the form to Fisk. Fisk refused to...
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Khabbaz v. Swartz, 66065
...Therefore trial court could and we, in our de novo review, can use parol evidence in interpreting the contract. Snider v. Fisk, 218 N.W.2d 652, 654 (Iowa 1974) ("parol evidence is competent to show that the written instrument was delivered upon certain conditions"); Iowa R.App.P. 14(f)(14).......
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Foster v. Foster (In re Estate of Foster)
...precedent—that the sale was subject to approval by the district court—vitiated the contract between the parties); Snider v. Fisk, 218 N.W.2d 652 (Iowa 1974) (finding specific performance of contract not available where contract was executed on the condition wife would agree to sale and wife......
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Foster v. Foster (In re Estate of Foster), 2-781 / 12-0382
...precedent—that the sale was subject to approval by the district court—vitiated the contract between the parties); Snider v. Fisk, 218 N.W.2d 652 (Iowa 1974) (finding specific performance of contract not available where contract was executed on the condition wife would agree to sale and wife......
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Bruggemeyer v. Bruggemeyer, 58054
...of the conditions precedent referred to hereinabove vitiated any contract or proposed contract between the parties. See Snider v. Fisk, 218 N.W.2d 652 (Iowa 1974); Mullenger v. Clause, 178 N.W.2d 420 (Iowa 1970); MacVicar v. Western Asphalt Paving Corp., 201 Iowa 355, 207 N.W. III. We deem ......