Smith v. Broker
Supreme Court of Iowa
Appeal from Iowa District Court. — Hon. S. H. Fairall, Judge. This is a suit in equity, by wbieb the plaintiff seeks to rescind a contract of exchange of certain real estate. There was a full trial upon the merits of the case, and a decree for the plaintiff. The defendant appeals.
1Opinion of the CourtRothrook, J.
1. Land contract: false representations: rescission. I. In the month of March, 1889, the plaintiff was the owner of five lots in the town of Marengo, upon which there was a dwelling house and certain appurtenant buildings, There was a mortgage of four hundred dollars upon said property. The defendant was the owner of eighty acres of land in the state of Nebraska. A contract was entered into between the parties, by which the plaintiff conveyed his house and lots to the defendant, subject to the said mortgage, the payment of which the defendant assumed, and the defendant conveyed to the…
2Cases cited1 opinion
- Hood v. SmithSupreme Court of Iowa · 1890
3Cited by32 opinions
- Selby v. MatsonSupreme Court of Iowa · 1908
- Boddy v. HenrySupreme Court of Iowa · 1901
- Hinson v. JeffersonSupreme Court of North Carolina · 1975
- State Bank v. BrownSupreme Court of Iowa · 1909
- Clapp v. GreenleeSupreme Court of Iowa · 1897
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