Legal Opinion

Smith v. Dell & Corcoran

Supreme Court of Iowa

Decided December 12, 1870PublishedCited by 2 opinions

Appeal from Polk District Court — contract: fraudulent representations. Action in equity to set aside a conveyance of certain coal mines, which the plaintiffs allege that the defendants obtained from them by deceit and fraudulent representations. The district court refused the relief and dismissed the petition. The plaintiffs appeal.

1Opinion of the Court

Cole, Ch. J.

The plaintiff, Jane Smith, is the wife of the plaintiff, James J. Smith, and was the owner in fee of the property in controversy — a coal mine. The defendant Dell had leased the property of Jane’s mother, who was managing for Jane, at á rental of two cents per bushel for all coal mined. Jane was living with her mother, near the premises Neither had any actual knowledge of the condition of the mine, the extent of its capacity, or the amount of coal Dell had mined. He grossly misrepresented the amount of coal taken out by him, and had only paid a very small amount of rent. Jane…

2Cited by2 opinions

  1. Douglass v. LougeeSupreme Court of Iowa · 1909
  2. Miles v. LynchSupreme Court of Iowa · 1921

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