Foster v. Trenary
Supreme Court of Iowa
Appeal from Plymouth District Oourt. Plaintirr brought this action to recover damages on accouut of certain fraudulent representations alleged to have been made by defendant in the sale of certain interests in a patent-right. There are three counts in the petition.
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Appeal from Plymouth District Oourt. Plaintirr brought this action to recover damages on accouut of certain fraudulent representations alleged to have been made by defendant in the sale of certain interests in a patent-right. There are three counts in the petition. The first count alleges a cause of action growing out of a transaction between plaintiff and defendant; the second count alleges a cause- of action growing out of a transaction between defendant and one O. 0. Foster; and the third count alleges a cause of action growing out of a transaction between defendant and 0. C. Foster and W.…
1Opinion of the CourtReed, J.
i assigndeedofDÍ parol torsliow parties?11 °f I. The patent-right in question covers an attachment by which it is claimed that an ordinary stirring plow may be connected with a sulky cultivator in such a manner as that the combination may be used as a sulky plow. Defendant was the owner of the patent, and he sold to plaintiff the right to manufacture, use and vend said attachment in Cherokee county, and gave him a deed of the territory. He also sold and conveyed to the parties named in the second and third counts of the petition the same rights as to. other counties.
The alleged frauds consist…
2Cases cited2 opinions
- Conyngham v. SmithSupreme Court of Iowa · 1864
- Moore v. LowreySupreme Court of Iowa · 1868
3Cited by5 opinions
- Yocum v. HustedSupreme Court of Iowa · 1918
- Seymour v. AultmanSupreme Court of Iowa · 1899
- Tone Bros. v. ShanklandSupreme Court of Iowa · 1900
- Benson v. HaywoodSupreme Court of Iowa · 1892
- Hoffman v. SmithSupreme Court of Iowa · 1895