Bowman v. Torr
Supreme Court of Iowa
Appeal from, the Mahaska District Court. This action was brought to recover damages for the alleged fraud of the defendant in the sale of a' “ claim ” on the public lands.
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Appeal from, the Mahaska District Court. This action was brought to recover damages for the alleged fraud of the defendant in the sale of a' “ claim ” on the public lands. It is averred in the petition, and not controverted, that the defendant as evidence of the sale, gave to plaintiff the following written instrument: “ March 24th, 1852. Enow all men by these presents, that I, Harvey Torr, for and in consideration of the sum of five hundred dollars, do bargain and sell to Samuel Bowman, my claim and improvements on section two, township 85, range 19 west, the said Torr to give possession of…
1Opinion of the CourtWeight, C. J.
The errors relied upon in argument, are: Hirst, that the testimony of the verbal agreement was improperly admitted, because it tended to contradict, vary, or *573add to, the written contract; and, Second. 'If admissible, it was not sufficient to -sustain the verdict.
The writing signed by defendant is very brief, and appears to be nothing more than a memorandum, showing that he had sold to plaintiff his “ claim,'” on a certain section of government land. In this writing, however, nothing is said as to defendant’s liability in the event of the land’s being entered. It is said, that the object of…
2Cited by5 opinions
- Sutton v. WeberSupreme Court of Iowa · 1904
- Brewster v. ReelSupreme Court of Iowa · 1888
- First National Bank v. Hurford & BrotherSupreme Court of Iowa · 1870
- Bradley v. DoudSupreme Court of Iowa · 1860
- Bigelow v. WilsonSupreme Court of Iowa · 1893