Bell v. Byerson
Supreme Court of Iowa
Appeal from Johnson District Court. The plaintiff in this action seeks to recover damages of the defendants, on account of their failure to comply with the conditions of a written contract, by which, as is claimed, the defendants agreed to deliver to plaintiff a quantity of flour. In their answer the defendants deny the indebtedness as alleged in the petition, and deny under oath the execution of the writing sued on.
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Appeal from Johnson District Court. The plaintiff in this action seeks to recover damages of the defendants, on account of their failure to comply with the conditions of a written contract, by which, as is claimed, the defendants agreed to deliver to plaintiff a quantity of flour. In their answer the defendants deny the indebtedness as alleged in the petition, and deny under oath the execution of the writing sued on. They say that it was obtained by fraud; that it was executed by their agents contrary to their express directions given to him in the presence of the plaintiff. Judgment for…
1Opinion of the CourtBaldwin, J.
The first, second and third errors assigned relate to the ruling of the court upon the demurrer to that portion of the answer which sets up fraud in plaintiff in obtaining said contract.
The fraud charged is, that the plaintiff made false statements to defendants aS to the price of flour at Iowa City, by representing that he had come from certain flouring mills in that place, and that the price named in the contract was the market value in said city.
It appears by the pleadings that the defendants were millers, engaged in manufacturing and selling flour; that they were doing business not far…
2Cited by19 opinions
- McCormack v. MolburgSupreme Court of Iowa · 1876
- Bean v. BickleySupreme Court of Iowa · 1919
- Wallace v. Chicago, St. Paul, Minneapolis & Omaha R'y Co.Supreme Court of Iowa · 1885
- Wheeler v. DunnSupreme Court of Colorado · 1889
- Hubenthal v. Spokane & Inland Railway Co.Washington Supreme Court · 1906
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