Legal Opinion

Potter v. Oster

Supreme Court of Iowa

Decided June 15, 1988No. 87-26PublishedCited by 20 opinions

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

  1. Maytag Company v. AlwardSupreme Court of Iowa · 1962
  2. Nora Springs Cooperative Co. v. BrandauSupreme Court of Iowa · 1976
  3. Kilpatrick v. SmithSupreme Court of Iowa · 1945
  4. Berry Seed Company v. HutchingsSupreme Court of Iowa · 1956
  5. Binkholder v. CarpenterSupreme Court of Iowa · 1967

9 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. Hyler v. GarnerSupreme Court of Iowa · 1996
  2. Clark v. McDanielSupreme Court of Iowa · 1996
  3. Breuer-Harrison, Inc. v. CombeCourt of Appeals of Utah · 1990
  4. Scott v. Grinnell Mutual Reinsurance Co.Supreme Court of Iowa · 2002
  5. State v. StoneSupreme Court of Iowa · 2009

15 more not listed; retrieve them via the Exa API.

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