Potter v. Oster
Supreme Court of Iowa
1Opinion of the Court
NEUMAN, Justice.
This is a suit in equity brought by the plaintiffs to rescind an installment land contract based on the seller’s inability to convey title. The question on appeal is whether, in an era of declining land values, returning the parties to the status quo works an inequitable result. We think not. Accordingly, we affirm the district court judgment for rescission and restitution.
The facts are largely undisputed. Because the case was tried in equity, our review is de novo. Iowa R.App.P. 4. We give weight to the findings of the trial court, particularly where the credibility of…
2Cases cited14 opinions
- Maytag Company v. AlwardSupreme Court of Iowa · 1962
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- Binkholder v. CarpenterSupreme Court of Iowa · 1967
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3Cited by20 opinions
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