Crans v. Durdall
Supreme Court of Iowa
Appeal from Floyd District Court. — Hon. Joseph J. ' Clark, Judge. Action for damages for breach of a covenant of warranty, and for false representations in the sale of land. The answer was a general denial. At the close of plaintiff’s evidence, the trial court directed a verdict for the defendant and entered judgment accordingly. Plaintiff appeals.
1Opinion of the CourtEvans, J.
On November 16, 1904, the defendant conveyed to the plaintiff a certain quarter section of land in Murray county, Minn., by warranty deed. The breach of covenant charged is that there is and was a highway “laid out through said land.” The petition charged both a breach of warranty and false representation. These allegations are all contained ‘in the same count of the petition. It appears that the plaintiff visited the land before purchase. He saw the said highway in use. It entered *470the land from the west side near the northwest corner, and proceeded‘east nearly half way across the land, and…
2Cases cited2 opinions
- Harrison v. Des Moines & Ft. Dodge Railway Co.Supreme Court of Iowa · 1894
- State v. SnyderSupreme Court of Iowa · 1868
3Cited by2 opinions
- Carron v. AbounadorNew Mexico Supreme Court · 1923
- Peoria Tractor Corp. v. MasonSupreme Court of Iowa · 1921