Jones v. Smith
Supreme Court of Iowa
Appeal from the Polk District Court. The plaintiff seeks to recover damages for the fraud and misrepresentations of the defendant, in the sale of a certain parcel of real estate. Verdict and judgment for plaintiff, and defendant appeals. .For the material facts, see the opinion of the court. I. The deposition of Knox should have been excluded. Boyd v. Hastings, 17 Pick., 200; Bell y. Morrison, 1 Peters, 355 ; Code, section 2119. II.
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Appeal from the Polk District Court. The plaintiff seeks to recover damages for the fraud and misrepresentations of the defendant, in the sale of a certain parcel of real estate. Verdict and judgment for plaintiff, and defendant appeals. .For the material facts, see the opinion of the court. I. The deposition of Knox should have been excluded. Boyd v. Hastings, 17 Pick., 200; Bell y. Morrison, 1 Peters, 355 ; Code, section 2119. II. The instruction asked -by defendant touching the variance between the allegations of the petition, setting up the contract, and the deed, should have been given.…
1Opinion of the CourtWright, C. J.
— The land sold to plaintiff, is situated in the county of Rock Island, State of Illinois. A copy of the deed bearing, date March 9, 1855, is annexed to the petition and made a part thereof, and two tracts of land are conveyed Plaintiff complains that he has sustained *231injury on account of the fraud and misrepresentations of the defendant, as to one parcel, and makes no reference in bis petition to the other tract. Upon this state of facts, defendant asked the court to instruct the jury, “that there is a material variance between the contract alleged in the petition, and that contained in the…
2Cases cited3 opinions
- Bell v. MorrisonSupreme Court of the United States · 1828
- Daggett v. TallmanSupreme Court of Connecticut · 1830
- Plummer v. RoadsSupreme Court of Iowa · 1857
3Cited by2 opinions
- Johnson v. MathewsSupreme Court of Kansas · 1869
- Curry v. AllenSupreme Court of Iowa · 1882