Evans v. Montgomery
Supreme Court of Iowa
Appeal from Mahaska District Coürt. The plaintiff and defendants entered into articles of copartner sbip, as follows: “Article of agreement made and entered into this 20th day of October, A. D. 1869, by and between John Montgomery and Andrew McKey, of the county of Mahaska and State of Iowa, of the first part, and E. J. Evans, of the county and'State aforesaid, of the second part— “Witnesseth: That the said John Montgomery and Andrew McKey have bought of John White, of the…
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Appeal from Mahaska District Coürt. The plaintiff and defendants entered into articles of copartner sbip, as follows: “Article of agreement made and entered into this 20th day of October, A. D. 1869, by and between John Montgomery and Andrew McKey, of the county of Mahaska and State of Iowa, of the first part, and E. J. Evans, of the county and'State aforesaid, of the second part— “Witnesseth: That the said John Montgomery and Andrew McKey have bought of John White, of the county and State aforesaid, the property which is immediately and particularly described in a certain bond executed by…
1Opinion
ON REHEARING.
Beck, Ch. J.
Upon petition of appellant a rehearing was-granted in this ease, and it has again been submitted to us u|>on a re-argument.
It will be observed that plaintiff claims that he is entitled to recover for all money or property paid by him into or for the firm, for the reason that, being induced to enter into the contract by fraud, he has the right to rescind it, and a decree should be entered setting it aside. Our former opinion holds that the relief sought — the rescission of this contract — cannot be granted, for the reason that the fraud upon which plaintiff bases his…
2Cases cited2 opinions
- Rawson v. HargerSupreme Court of Iowa · 1878
- Gaines v. HaleSupreme Court of the United States · 1876