Thomas v. Schee
Supreme Court of Iowa
Appeal from O’Brien District Court. — Hon. Scott M. Ladd, Judge. Plaintiffs state their cause of action in two’ counts. The first count charges that on the twelfth day of February, 1883, the plaintiffs negotiated with the defendant for the purchase of certain lands in O ’ Brien county ; that, as an inducement to purchase said property, the defendant made and delivered to them a duly certified abstract of the title to said property, upon which he indorsed in writing a…
Read the full summary
Appeal from O’Brien District Court. — Hon. Scott M. Ladd, Judge. Plaintiffs state their cause of action in two’ counts. The first count charges that on the twelfth day of February, 1883, the plaintiffs negotiated with the defendant for the purchase of certain lands in O ’ Brien county ; that, as an inducement to purchase said property, the defendant made and delivered to them a duly certified abstract of the title to said property, upon which he indorsed in writing a certificate “ stating that he had carefully examined the title to said lands, and that the same was a full and true and…
1Opinion of the CourtGiven, J.
i. vendors and Faisehabstoact fied by yen'?' sionainegjfgenoes. — I. It is apparent from the remarks of the court during the trial, and the instructions, that case was submitted upon the' first count a^one ; but it is not clear why, as there was some testimony tending to sustain the charge of fraud in the second count, namely, that of Warren Walker. This action of the court was without prejudice to the defendant, and, as he alone appeals, we are not called *240upon to consider it. Appellant contends that his liability must rest upon either fraudulent representations, by use of the false abstract…
2Cases cited3 opinions
- Hawley v. Chicago, Burlington & Quincy Railway Co.Supreme Court of Iowa · 1886
- Home Insurance v. North Western Packet Co.Supreme Court of Iowa · 1871
- Phoenix v. LambSupreme Court of Iowa · 1870
3Cited by13 opinions
- Miranda v. SaidSupreme Court of Iowa · 2013
- Boddy v. HenrySupreme Court of Iowa · 1904
- Woods v. SchmittSupreme Court of Iowa · 1989
- O'Leary Bros. v. German-American InsuranceSupreme Court of Iowa · 1896
- Scagel v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1891
8 more not listed; retrieve them via the Exa API.