Wood v. Howland
Wood v. Howland
Opinion of the Court
On May 6, 1896, the plaintiff, Joseph Wood, being the owner of an eighty-acre tract of land in Crawford county, entered into a written agreement to sell the same to the defendant E. D. Howland for the sum of $2,000, to be paid within one year from that date. Eor reasons unnecessary to here state, plaintiff was not ready to make the conveyance at the time agreed, and Howland continued in possession, of the land under the contract. On March 15, 1902, Howland entered into a written contract to convey the same land, with other tracts then owned by him, to the defendant B. E. Wilmot for the gross sum of $11,040, of which sum $1,500 was paid in cash, an existing mortgage debt of $3,600 was assumed by Wilmot, and the balance was made payable in six yearly installments. It was further agreed that the purchaser might pay the entire indebtedness at any time before due by giving sixty days’ notice thereof, and that the seller, by giving like notice, should be entitled to demand payment in full. Under tire contract Wilmot went into possession of the land. On May 1, 1902, Wilmot served upon Howland a notice in the following form:
To E. D. Howland and Anna Howland: You are hereby notified that I demand of you a warranty deed to the West Half of the North-West Quarter of Section Twenty-nine (29), and the North-East Quarter of Section Thirty (30) Township Eighty-two (82), North Range Forty-one (41), West of the 5th P. M., and abstract showing perfect title free and clear of all liens and encumbrances at once in accordance with the terms of a certain land contract dated March 15th, 1902, entered into between you and each of you and myself. You are further notified that all of the purchase price will be paid to you at once upon the presentation of satisfactory abstract of title and warranty deed to said premises. You are further notified that I demand of you that you surrender and deliver to me the possession of the premises now occupied by you and described as above, within thirty days from the service hereof. Dated at Dunlap, Iowa, this 1st day of May, 1902. [signed] B. T. Wilmot.
To E. D. ITowland and Anna Howland: I hereby tender and offer to pay to you Sixty Hundred Sixty and Eighty One Hundredths Hollars ($6060.81), lawful money under terms of your contract with me in writing, under date of March 15, 1902, providing for the conveyance to me of the West Half of the North-West Quarter of Section 29 and N. E. Quarter of Section Thirty (30), all in Township Eighty-two (82), North Range Forty-one (41), West of the 5th P. M., in Crawford County, Iowa, and demand o'f you a warranty deed duly executed for same together with abstract showing title perfect in you subject only to the mortgage, indebtedness mentioned in said contract. Hated at Hunlap, Iowa, this 17th day of July, 1904. [Signed] B. T. Wilmot.
It will be observed that in the last notice the sum offered to be paid is the full contract price of the land, less the $1,500 paid in advance and the $3,600 mortgage debt assumed. Wilmot claims that on the day of the service of the first notice, and at all times thereafter, he was ready to pay off this debt, but was unable, after due inquiry, to find the person or persons who held the lien. It is the claim of How-land that, Wilmot having failed to do so, he himself discharged the lien, and that the sum represented thereby became due and payable directly to him., On September 13, 1902, this litigation was initiated by Wilmot, who began an action in equity to enforce specific performance of his contract with Howland. Soon thereafter Wood began an action of right for the possession of the land, alleging a forfeiture of the contract which he had given Howland. Still later, Howland began a separate action in equity for the specific performance of Wood’s contract to convey to him. All these actions were consolidated, with Wood as plaintiff and all the other .parties in interest as defendants. Each party in appropriate pleadings alleges full performance and willingness to perform all his several undertakings and agreements. The trial court found against the plaintiff, Wood, and in favor
Reference
- Full Case Name
- Joseph Wood v. E. D. Howland, Mrs. E. D. Howland, Connor & Lally, Assignees, and B. T. Wilmot, Mrs. B. T. Wilmot, C. H. Brace
- Cited By
- 2 cases
- Status
- Published