Wilson v. Irish
Supreme Court of Iowa
Appeal from Van Burén Circuit Court. Tiib plaintiff brings tbis action for tbe recovery of damages for an alleged breach of warranty in a conveyence of certain real estate, situated in tbe state of Missouri.
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Appeal from Van Burén Circuit Court. Tiib plaintiff brings tbis action for tbe recovery of damages for an alleged breach of warranty in a conveyence of certain real estate, situated in tbe state of Missouri. The defendant, by way of cross petition, alleges that tbe land described in tbe petition was traded to plaintiff in part consideration for some land conveyed to tbe defendant by plaintiff, and that tbe plaintiff fraudulently extended tbe time of a lease upon said premises, whereby the defendant was kept out of tbe possession of tbe premises for one year, to bis great damage. Defendant…
1Opinion of the Court
Day, Ch. J.
I. Tbe first error insisted ujion is tbe sustaining of tbe demurrer to tbe cross petition, asking a i. contbact rescission alter possession taken. rescission of tbe trade. Tbe trade between tbe parties was made on tbe 27th day of March, - ^ 187 5. In August, 1874, Wilson leased to Brown, for tbe period of one year from tbe 1st of. March, 1875, tbe premises by Wilson conveyed to tbe defendant. Tbis lease contains tbe following reservation: “Wilson reserves tbe privilege of selling tbe farm and giving possession at any *262time after one yea/r.” The defendant alleges in Ms cross-petition…
2Cases cited2 opinions
- Sibley v. BullisSupreme Court of Iowa · 1875
- Jerald v. EllySupreme Court of Iowa · 1879
3Cited by11 opinions
- Walkley v. ClarkeSupreme Court of Iowa · 1899
- McNair v. SockriterSupreme Court of Iowa · 1924
- Bremhorst v. Phillips Coal Co.Supreme Court of Iowa · 1927
- State v. DebnerSupreme Court of Iowa · 1927
- Finch v. GarrettSupreme Court of Iowa · 1897
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