Waldron v. Zollikofer
Supreme Court of Iowa
Appeal from the Dubuque District Court. This was a bill in chancery to rescind a contract for the sale of land, and for damages, on the ground of fraud in the procurement thereof. The fraud is alleged to consist in the defendant’s 'haying fraudulently and falsely represented the land to be free from overflow — to be healthy — and that the occupants (defendant and his family, for fourteen years) were not subject to ague or fever. All fraud is denied in the answer.
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Appeal from the Dubuque District Court. This was a bill in chancery to rescind a contract for the sale of land, and for damages, on the ground of fraud in the procurement thereof. The fraud is alleged to consist in the defendant’s 'haying fraudulently and falsely represented the land to be free from overflow — to be healthy — and that the occupants (defendant and his family, for fourteen years) were not subject to ague or fever. All fraud is denied in the answer. The proof shows that the contract was made in May, 1855, and was for about four hundred and sixty-eight acres of land, in a body,…
1Opinion of the CourtWright, C. J.
We are not inclined to disturb the decree. We have no hesitation in finding every issue in favor of the plaintiffs, except perhaps the most material one, and that is whether defendant did falsely and fraudulently make the representations charged. We have no doubt but the land does overflow, so as to greatly depreciate what would otherwise be its value. We are equally well satisfied, that the place is sickly, and that both of these facts were known to the defendant. And if the fraudulent representations were sufficiently proved, we would unhesitatingly grant the relief asked.
When we consider,…
2Cited by2 opinions
- Louisville, New Albany & Chicago Railway Co. v. NitscheIndiana Supreme Court · 1890
- Culbertson v. LuckeySupreme Court of Iowa · 1862