Evans v. Palmer
Supreme Court of Iowa
Appeal from Washington District Court.— Hon. John T. Soott, Judge. Suit on a promissory note. Defense and counterclaim, based on fraud- and false representations in the sale of property, for which the note was given as part payment. There was a directed verdict for the plaintiffs’ from which the defendants appeal.
1Opinion of the CourtSi-ierwin, J.
The note sued on was given for a part of the purchase price of two tailing mills and a right under a lease to use and operate them in milling from dumps and deposits supposed to contain lead and zinc ore. As a defense to the note, and as the basis of a counterclaim to recover back money already paid on the purchase, the defendants alleged that the plaintiffs made false and fraudulent representations to them as to the quality, quantity, and value of the ore which could be taken from said dumps and deposits. The evidence tended to show that the plaintiffs, and others who were associated with…
2Cases cited5 opinions
- Hanson v. KlineSupreme Court of Iowa · 1907
- Dorr v. CorySupreme Court of Iowa · 1899
- Gardner v. TrenarySupreme Court of Iowa · 1885
- John Gund Brewing Co. v. PetersonSupreme Court of Iowa · 1906
- McDowell v. CaldwellSupreme Court of Iowa · 1902
3Cited by5 opinions
- Dailey v. Holiday Distributing CorporationSupreme Court of Iowa · 1967
- Rogers v. BrummettSupreme Court of Oklahoma · 1923
- Hess v. McCardellSupreme Court of Iowa · 1918
- Hise v. ThomasSupreme Court of Iowa · 1917
- Farmers State Bank v. CookSupreme Court of Iowa · 1960