Fulton v. Fisher
Supreme Court of Iowa
Appeal from Jefferson District Court. — Hon. C. W. Vermilion, Judge. Action in equity for a decree rescinding a conveyance of land to plaintiff in exchange for a stock of hardware transferred by plaintiff to defendant, which had subsequently been disposed of by the defendant.
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Appeal from Jefferson District Court. — Hon. C. W. Vermilion, Judge. Action in equity for a decree rescinding a conveyance of land to plaintiff in exchange for a stock of hardware transferred by plaintiff to defendant, which had subsequently been disposed of by the defendant. There was a tender in the petition of a reconveyance to defendant of the land and return of the money consideration received by plaintiff in trade; and plaintiff asked that he be awarded by way of damages the value of the hardware stock. The court entered a decree for plaintiff awarding him damages in the sum of…
1Opinion of the CourtMcClain, J.
The grounds of rescission alleged' in the petition are that defendant falsely and fraudulently represented to plaintiff that the farm of about one hundred and thirteen acres, situated a few miles southeast of Ottumwa, which defendant exchanged to plaintiff for the hardware stock of the latter located in Fairfield, consisted of good prairie land worth $65 per acre in cash,- that he had had an opportunity to trade said farm to another party for $70 per acre, and that the farm was mortgaged to an Ottumwa bank for $3,400. It is further alleged that when this exchange was made plaintiff was to…
2Cases cited7 opinions
- Hanson v. KlineSupreme Court of Iowa · 1907
- Creveling v. BantaSupreme Court of Iowa · 1908
- Scott v. BurnightSupreme Court of Iowa · 1906
- Mosher v. GoodaleSupreme Court of Iowa · 1906
- Wilkie v. SassenSupreme Court of Iowa · 1904
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Herdan v. HansonCalifornia Supreme Court · 1920
- Hall v. CrowSupreme Court of Iowa · 1948
- Sutton v. GreinerSupreme Court of Iowa · 1916
- Hess v. McCardellSupreme Court of Iowa · 1918
- Hise v. ThomasSupreme Court of Iowa · 1917
6 more not listed; retrieve them via the Exa API.