Kirkwood v. Perry Town Lot & Improvement Co.
Supreme Court of Iowa
Appeal from Perry Superior Court. — W. W. Cardell, Judge. Action to recover damages. The petition was in two counts, the first asking to recover for a breach of warranty, and the second count for fraud and false representations committed by defendant in inducing plaintiff to enter into the contract. There was a trial to a jury, and a verdict for plaintiff for $500, upon which judgment was entered, and the defendant appeals.
1Opinion of the CourtPreston, J.
The first count of the "petition alleged that in the contract of purchase was the following clause:
“It is further agreed that the seller will guarantee to the "buyer that within two years from the date of this contract a street railway will be built and in operation from the main business portions of the city of Perry across the Dilenbeck Additions.”
It alleged, also, that the street railway was not built, and that no attempt was made to construct the railway; that plaintiff relied upon the guaranty or warranty; that the contract was executed September 20, 1912, and that thereafter, on…
2Cases cited21 opinions
- Ranck v. City of Cedar RapidsSupreme Court of Iowa · 1907
- City National Bank of Columbus v. JordanSupreme Court of Iowa · 1908
- Schrimper v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1900
- Stoke v. ConverseSupreme Court of Iowa · 1911
- Webb v. HancherSupreme Court of Iowa · 1905
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3Cited by13 opinions
- Ambrose v. HackertSupreme Court of Iowa · 1950
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- Middle States Utilities Co. v. City of OsceolaSupreme Court of Iowa · 1940
- Gunnar v. Town of MontezumaSupreme Court of Iowa · 1940
- Ruth v. O'NEILLSupreme Court of Iowa · 1954
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