Rohrabacher v. Ware
Supreme Court of Iowa
Appeal from BlaoTs lELawh District Oowrt. Thursday, September 18. It is alleged in the petition that the defendant, in October, 1866, for the purpose of inducing the plaintiff to lease of the defendant a lot of shéep, represented to the plaintiff that the sheep were sound and free from disease; that he warranted them to be so; that the plaintiff, relying upon said representations and warranty, took of defendant 190 sheep; that said representations were false and fraudulent;…
Read the full summary
Appeal from BlaoTs lELawh District Oowrt. Thursday, September 18. It is alleged in the petition that the defendant, in October, 1866, for the purpose of inducing the plaintiff to lease of the defendant a lot of shéep, represented to the plaintiff that the sheep were sound and free from disease; that he warranted them to be so; that the plaintiff, relying upon said representations and warranty, took of defendant 190 sheep; that said representations were false and fraudulent; that the sheep had a disease called the “ scabthat in consequence of said false representations and warranty, plaintiff…
1Opinion of the Court
Miller, J., Par°L Appellant assigns as error the admission of certain testimony on part of the plaintiff, which was duly excepted to at the time. The testimony received was offered for the purpose of showing that the defendant, by falsely and fraudulently representing the sheep to be sound and free from disease, etc., induced the plaintiff to take them and to enter into the written contract with the defendant. This written contract contains no warranty of the soundness of the sheep.
The rule is well settled that prior or contemporaneous parol agreements or stipulations of the parties are…
2Cases cited4 opinions
- Van Valkenburgh v. RoukNew York Supreme Court · 1815
- Erwin v. SaundersNew York Supreme Court · 1823
- Eyser v. WeissgerberSupreme Court of Iowa · 1856
- Gelpcke v. BlakeSupreme Court of Iowa · 1863
3Cited by7 opinions
- Lavalleur v. HahnSupreme Court of Iowa · 1911
- Grady v. SchweinlerNorth Dakota Supreme Court · 1907
- Joseph v. MangosSupreme Court of Iowa · 1921
- Providence Jewelry Co. v. S. Fessler & SonsSupreme Court of Iowa · 1909
- Clement, Bane & Co. v. DrybreadSupreme Court of Iowa · 1899
2 more not listed; retrieve them via the Exa API.