Carter v. Abbott
Supreme Court of Iowa
Appeal from Butler Circuit Court. Action on account of false and fraudulent representations, deceit and warranty of defendant in the sale of a cow to plaintiff, the alleged deceit and false representation consisting in “ knowingly stating falsely that the cow was coming in the spring.” Answer in special denial. Jury trial. Verdict for plaintiff for $15. Motion for new trial overruled. Judgment upon the verdict. Defendant appeals. The necessary facts are stated in the opinion.
1Opinion of the CourtDay, J.
I. Dpon the trial the court instructed the jury as follows: “ If you find from the evidence that the defendant made false and fraudulent representations in relation to the condition of the cow, as claimed by the plaintiff, and at the time knew them to be false, and that they were made for the purpose of deceiving plaintiff, and that plaintiff *181was deceived by them, this would amount to a warranty.” Appellant claims that the doctrine of this instruction is good as to false representations but not as to a warranty. The instruction, in our opinion is not vulnerable to the criticism made upon it.
A…
2Cited by4 opinions
- Rasmus v. AO Smith CorporationDistrict Court, N.D. Iowa · 1958
- Figge v. HillSupreme Court of Iowa · 1883
- First Acceptance Corp. v. KennedyDistrict Court, N.D. Iowa · 1951
- National House Importing Co. v. NovakSupreme Court of Iowa · 1895