Parks v. Burbank
Supreme Court of Iowa
Appeal from Clinton Circuit Court. Action in equity for an injunction to restrain the defendant from disposing of certain promissory notes, executed by the plaintiff to the defendant, amounting to $2,600. The notes and a certain farm in the State of Illinois were given to the defendant for a hotel in the city of Lyons. The plaintiff traded for the hotel, without ever having seen it, and in reliance upon certain representations made to him by the de fendant.
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Appeal from Clinton Circuit Court. Action in equity for an injunction to restrain the defendant from disposing of certain promissory notes, executed by the plaintiff to the defendant, amounting to $2,600. The notes and a certain farm in the State of Illinois were given to the defendant for a hotel in the city of Lyons. The plaintiff traded for the hotel, without ever having seen it, and in reliance upon certain representations made to him by the de fendant. He avers in his petition that the representations were false and fraudulent, and that he sustained damages by reason of the fraud, in the…
1Opinion of the CourtAdams, J.
1. FRAUDULENT representations: evidence of equitable relief. The evidence shows very clearly that the property; .other than the notes received by the defendant, was worth as much as the hotel. We think also that ,, . , , . 1,11 it shows that the plaintift was drawn by the de- " fendant into such an unequal trade by false and fraudulent -representations. We shall not allude to all the representations alleged to be fraudulent, nor attempt to fully set out the evidence. To do so would extend the opinion beyond all proper limits, and serve no useful purpose. Each member of the court upon a…
2Cited by6 opinions
- Bean v. BickleySupreme Court of Iowa · 1919
- Smith v. WerkheiserMichigan Supreme Court · 1908
- Cahill v. ReadonSupreme Court of Colorado · 1928
- State v. ChambersSupreme Court of Iowa · 1917
- Swan v. MathreSupreme Court of Iowa · 1897
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