King v. Williams
Supreme Court of Iowa
Appeal from Page District Court. The plaintiff seeks by this action to recover of the defendant a certain sura of money, of which he claims he was defrauded in a settlement made between the parties, growing out of the assignment of certain land contracts by the plaintiff' to the defendant. The defendant set up a counter-claim, which consisted of a promissory note executed by plaintiff to defendant.
Read the full summary
Appeal from Page District Court. The plaintiff seeks by this action to recover of the defendant a certain sura of money, of which he claims he was defrauded in a settlement made between the parties, growing out of the assignment of certain land contracts by the plaintiff' to the defendant. The defendant set up a counter-claim, which consisted of a promissory note executed by plaintiff to defendant. At the conclusion of the introduction of the evidence, the court, on its own motion, instructed the jury that the plaintiff had failed to make a case against the defendant, and the jury were…
1Opinion of the CourtRothrock, J.
It is claimed by the appellant in his petition that the settlement in question was procured by duress and fraud upon the part' of the defendant. We detei’mined in a former appeal that there was no duress in the trans*75action. (See 65 Iowa.) In the present appeal plaintiff appears to have abandoned his claim to recover on the ground of duress; but he still insists that he has a right of action against the defendant for fraud. The facts which made a settlement necessary between the parties are as follows: The jdaintiff held two contracts for the purchase of land from the Burlington & Missouri…
2Cited by4 opinions
- Grant v. HarrisSupreme Court of Virginia · 1914
- Wilberding v. City of DubuqueSupreme Court of Iowa · 1900
- Beaver v. City of Eagle GroveSupreme Court of Iowa · 1902
- Garrett v. SlavensSupreme Court of Iowa · 1905