Legal Opinion

Leonard v. Omstead

Supreme Court of Iowa

Decided March 9, 1909PublishedCited by 7 opinions

Appeal from Wright District Gourt. — Hon. H. M. Wright, Judge. Action to recover from defendant Omstead and- his grantees, E. E. and E. L. Beshy, a tract of land alleged to have been procured by Omstead as the agent of plaintiff in fraud of plaintiff’s rights.

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Appeal from Wright District Gourt. — Hon. H. M. Wright, Judge. Action to recover from defendant Omstead and- his grantees, E. E. and E. L. Beshy, a tract of land alleged to have been procured by Omstead as the agent of plaintiff in fraud of plaintiff’s rights. Plaintiff asked that, in the event of a finding by the court that the Beshys are innocent purchasers and should not be required to surrender the land to plaintiff, then defendant Omstead be. required to pay in damages the amount for which said land was sold, less the amount, expended by him in procuring the same. The trial court found…

1Opinion of the Court

McClain, J. —

In May, 1905, plaintiff, who is a resident of this State, went to Dickey County, N. D., and there.met one Caldwell, with whom he entered into negotiations for the exchange of plaintiff’s farm, containing about one hundred and sixtyi acres, in Iowa, for the farm of said Caldwell, containing about three hundred and twenty acres, in North Dakota. The details of the terms of the exchange are not important, but plaintiff’s contention is: That he offered his own farm at a cash value of $70 per acre and took the farm of Caldwell on the representation that it was of the cash value of $25…

2Cases cited8 opinions

  1. Holmes v. CathcartSupreme Court of Minnesota · 1903
  2. Merrill v. SaxSupreme Court of Iowa · 1908
  3. Green v. PeesoSupreme Court of Iowa · 1894
  4. Snell v. GoodlanderSupreme Court of Minnesota · 1903
  5. Rorebeck v. Van EatonSupreme Court of Iowa · 1894

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3Cited by7 opinions

  1. Popejoy v. EastburnSupreme Court of Iowa · 1950
  2. Fred Brown & Co. v. CashSupreme Court of Iowa · 1914
  3. Commercial Union Assur. Co. v. WinsteadCourt of Appeals of Texas · 1919
  4. Frances-Mohawk Mining & Leasing Co. v. McKayNevada Supreme Court · 1914
  5. Preston v. McClellandSupreme Court of Iowa · 1923

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