DeLONG v. SCOTT

No. 2-56320.

217 N.W.2d 635 (1974)

Phyllis J. DeLONG, Individually and as guardian of Dianne K. Frost, et al., Appellee, v. Winston H. SCOTT, Appellant.

Supreme Court of Iowa.

April 24, 1974.


Attorney(s) appearing for the Case

Edward D. McCoy, Waterloo, for appellant.

Zellhoefer & Smith, Waterloo, for appellee.

Submitted to MOORE, C. J., and RAWLINGS, REES, UHLENHOPP and McCORMICK, JJ.


McCORMICK, Justice.

Defendant Winston H. Scott appeals trial court's decree ordering specific performance of his contract to purchase real estate from plaintiff Phyllis J. DeLong. The sole issue is whether plaintiff met her obligation to tender marketable title. We find she did and affirm the trial court.

The property was once owned by Stella M. Barron who died testate November 6, 1955. Her devisees were her four children, one of whom, Rose Hemminger, was...

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