Legal Opinion

High v. Kistner

Supreme Court of Iowa

Decided September 20, 1876PublishedCited by 5 opinions

Appeal from Black Hawk District Court. In consideration of the conveyance by plaintiff to tbe defendant, Elizabeth Kistner, of one hundred and twenty acres of land, the defendants conveyed to plaintiff eighty acres of land and paid him the sum of $500. The petition alleges that the defendants falsely represented to plaintiff that the land conveyed to him was good plow land, as good land as there was in Black Hawk county, and worth $13.50 per acre; that plaintiff was not…

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Appeal from Black Hawk District Court. In consideration of the conveyance by plaintiff to tbe defendant, Elizabeth Kistner, of one hundred and twenty acres of land, the defendants conveyed to plaintiff eighty acres of land and paid him the sum of $500. The petition alleges that the defendants falsely represented to plaintiff that the land conveyed to him was good plow land, as good land as there was in Black Hawk county, and worth $13.50 per acre; that plaintiff was not acquainted with the land, and wTas unable to examine it because it was covered with snow, and relying wholly upon…

1Opinion of the CourtDay, J.

1. evidence: representations: vendor and vendee, I. The plaintiff having testified in substance that he did not know the quality of this land and that the defendant, George Kistner, made false representations respecting its quality; the defendant intro- . . ., . , duced as a witness one Gookms, and asked him the following questions: “Did you at any time prior to the trade have a conversation with plaintiff in regard to the general character of the land along Crane C-i'eek bottom, in which the land in question is situated, and while you were in a position to overlook the land in question? Do…

2Cases cited1 opinion

  1. Likes v. BaerSupreme Court of Iowa · 1859

3Cited by5 opinions

  1. Stoke v. ConverseSupreme Court of Iowa · 1911
  2. Vaupel v. MulhallSupreme Court of Iowa · 1908
  3. Hibbets v. ThrelkeldSupreme Court of Iowa · 1908
  4. Halligan v. Iowa Steam Laundry Co.Supreme Court of Iowa · 1915
  5. Vanarsdol v. FarlowSupreme Court of Iowa · 1922

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