Legal Opinion

Conn v. Converse

Supreme Court of Iowa

Decided March 24, 1914PublishedCited by 1 opinion

Appeal from Emmet District Court. — Hon. D. F. Coyle, Judge. Action to recover a sum of money paid by plaintiffs to defendant on a real' estate transaction through an alleged oversight and mutual mistake. The defendant denied the alleged mistake, and pleaded a counterclaim. The trial court awarded to plaintiffs the amount claimed, and one item of’ defendant’s counterclaim, and, from the decree, defendant appeals. —

1Opinion of the CourtDeemer, J.

*6051. court flnaiew findings. *604I. Save one, the questions involved are purely of fact, and, as the trial court saw and heard all of *605the witnesses, its finding will be given some force because of a direct conflict in the testimony on some material issues in the case. Berry v. Berry, 115 Iowa, 543; Fulton v. Fisher, 151 Iowa, 429; Sargent v. Owen, 134 Iowa, 365.

2‘ mistake :recovery. laches. II. The legal proposition involved is the question of plaintiffs’ laches in bringing suit. As they commenced their action within a reasonable time after discovering the mistake, they should not be 0£ reljef on…

2Cases cited6 opinions

  1. Berry v. BerrySupreme Court of Iowa · 1902
  2. Wachendorf v. LancasterSupreme Court of Iowa · 1883
  3. Tufts v. LarnedSupreme Court of Iowa · 1869
  4. Fulton v. FisherSupreme Court of Iowa · 1911
  5. Jurgensen v. CarlsenSupreme Court of Iowa · 1896

1 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Graves v. GreenfielSupreme Court of Iowa · 1923

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