Price v. Macomber
Supreme Court of Iowa
Appeal from Cedar District Court. — Hon. W. N. Treichler, Judge. Action at law upon a foreign judgment. The defendant set up a counterclaim. The plaintiff filed a demurrer thereto which was sustained. Thereupon the trial court dismissed the counterclaim and entered a judgment for the plaintiff. The defendant appeals.
1Opinion of the CourtEvans, J.
The foreign judgment sued on was entered in the state of Colorado. The defendant set up a counterclaim for damages for false and fraudulent representations in the sale of real estate by plaintiff to defendant, whereby the defendant was misled to his injury and induced to enter into a contract for the purchase of such real estate. The contract thus entered into was the basis of plaintiff’s suit upon which judgment was entered in Colorado.
*4081. eobeignYudgMENT: counterclaim: adjudication. *407The general ground of plaintiff’s demurrer to the counterclaim was that the judgment in the original action…
2Cases cited7 opinions
- Johnson, Lane & Co. v. Nash-Wright Co.Supreme Court of Iowa · 1903
- Jones v. J. C. Witousek & Co.Supreme Court of Iowa · 1901
- Chapman v. ChapmanSupreme Court of Iowa · 1906
- Ferguson v. EpperlySupreme Court of Iowa · 1905
- Medart Pulley Co. v. Dubuque Turbine & Roller Mill Co.Supreme Court of Iowa · 1903
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3Cited by4 opinions
- Oswalt v. CronkSupreme Court of Iowa · 1922
- Perry Fry Co. v. GouldSupreme Court of Iowa · 1932
- Turner v. SandhouseSupreme Court of Iowa · 1927
- Youngs v. YoungsSupreme Court of Iowa · 1924