Hale v. Philbrick
Supreme Court of Iowa
Appeal from Woodbury Circuit Cowrt. The plaintiff purchased of the defendant his interest in the stock and grocery business of Gilbert & Philbrick, in Sioux City, Iowa, paying Mm therefor the sum of $2,000. He alleges in his petition that the defendant falsely represented to Mm that he had put into the business $2,850 as capital; that he had drawn out $109, and would draw out enough to make $160 in all, and that the balance, $2,690, would then be the balance which he would…
Read the full summary
Appeal from Woodbury Circuit Cowrt. The plaintiff purchased of the defendant his interest in the stock and grocery business of Gilbert & Philbrick, in Sioux City, Iowa, paying Mm therefor the sum of $2,000. He alleges in his petition that the defendant falsely represented to Mm that he had put into the business $2,850 as capital; that he had drawn out $109, and would draw out enough to make $160 in all, and that the balance, $2,690, would then be the balance which he would then have in said business; that the defendant in fact had only $1,650 in said business, which he well knew; that the…
1Opinion of the CourtAdams, J.
I. The plaintiff claims that the court erred in ■refusing to render judgment on the first finding of fact by the referees. The plaintiff*, however, was not entitled to recover upon that fact alone, to-wit: that the defendant made false representations to the plaintiff in regard to the amount of his interest in the firm. It was incumbent upon the plaintiff* to establish the further fact that plaintiff relied upon such representations in making the purchase. The referees found that he did not. This court, to be sure, set aside the finding as being contrary to the evidence, but it did not find…
2Cases cited3 opinions
- Upton v. VailNew York Supreme Court · 1810
- Nye v. MerriamSupreme Court of Vermont · 1862
- Freeman v. McDanielSupreme Court of Georgia · 1857
3Cited by6 opinions
- Spaulding v. Chicago, St. Paul & Kansas City Railway Co.Supreme Court of Iowa · 1896
- Nelson v. GrondahlNorth Dakota Supreme Court · 1903
- State v. GallowaySupreme Court of Iowa · 1971
- Long v. DavisSupreme Court of Iowa · 1907
- Mason v. ThorntonSupreme Court of Arkansas · 1905
1 more not listed; retrieve them via the Exa API.