Harmon v. Chandler
Supreme Court of Iowa
Appeal from the Story District Court. This suit is brought to recover damages for an alleged fraud practiced upon plaintiff by defendant, in inducing him to enter into a written agreement to take a lot of sheep of the defendant for a'term of years, and to return the same number of merchautable sheep at the end of the time, and also to deliver to defendant, one and a half pounds of wool annually per head.
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Appeal from the Story District Court. This suit is brought to recover damages for an alleged fraud practiced upon plaintiff by defendant, in inducing him to enter into a written agreement to take a lot of sheep of the defendant for a'term of years, and to return the same number of merchautable sheep at the end of the time, and also to deliver to defendant, one and a half pounds of wool annually per head. The petition avers that defendant falsely and fraudulently represented the sheep to be in good condition, and healthy, well knowing, at the time, that they were unsound; and that plaintiff…
1Opinion of the CourtStockton, J.
There are various errors assigned by the appellant, for which, it is claimed, that the judgment in this ease should be reversed. The first is, that the court overruled the demurrer to plaintiff’s petition. The answer to this is, that the defendant waived his demurrer, by pleading over and going to trial.
The second is, that the court erred in refusing to charge the jury, as asked by defendant. To this we answer, that the bill of exceptions does not show what instructions were asked by the defendant, nor that any exception was taken, to the giving or refusing of any instructions by the court.…
2Cases cited1 opinion
- Latterett v. CookSupreme Court of Iowa · 1855
3Cited by9 opinions
- Atchison & Nebraska Railroad v. WagnerSupreme Court of Kansas · 1877
- Sherwood v. Snow, Foote & Co.Supreme Court of Iowa · 1877
- Roberts v. BartlettMissouri Court of Appeals · 1887
- State ex rel. Alderson v. JonesSupreme Court of Iowa · 1860
- Abbott v. StriblenSupreme Court of Iowa · 1858
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