Bonnot Co. v. Newman Bros.
Supreme Court of Iowa
Appeal from Polk District Court. — Hon. W. F. CoNrad, Judge. ON the fourteenth day of November, 1895, Newman Bros, and F. K. Ebersole entered into' a written agreement, by the terms of which the latter agreed to deliver to that firm a large amount of machinery for a brick manufacturing plant at the price of six thousand two hundred and fifty dollars, on which he was to receive from that firm a stock of hardware at invoice prices, with freight added, and the balance in cash.
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Appeal from Polk District Court. — Hon. W. F. CoNrad, Judge. ON the fourteenth day of November, 1895, Newman Bros, and F. K. Ebersole entered into' a written agreement, by the terms of which the latter agreed to deliver to that firm a large amount of machinery for a brick manufacturing plant at the price of six thousand two hundred and fifty dollars, on which he was to receive from that firm a stock of hardware at invoice prices, with freight added, and the balance in cash. This was in typewriting, except the following in fine print, pasted on the paper: “The above machinery is guarantied to…
1Opinion of the Court
Ladd, J. —
*1601 *159I. While persons on the faith of another’s word alone, every day sign contracts without reading them, the law has ever adjudged this such indifference as will preclude a remedy in event of deception. This is on the ground that, having the full means of knowledge and of determination, they nevertheless rely upon the representations of *160another having no better facilities for knowing, without themselves exercising the means open for ascertaining the truth. McCormack v. Molburg, 43 Iowa, 562; McKinney v. Herrick, 66 Iowa, 414; Wallace v. Railway Co., 67 Iowa, 547; Roundy v. Kent, 75…
2Cases cited7 opinions
- Wallace v. Chicago, St. Paul, Minneapolis & Omaha R'y Co.Supreme Court of Iowa · 1885
- McKinney v. HerrickSupreme Court of Iowa · 1885
- Moore v. HeldSupreme Court of Iowa · 1887
- Minneapolis & St. Louis Railway Co. v. CoxSupreme Court of Iowa · 1888
- McGillivary Bros. v. CaseSupreme Court of Iowa · 1898
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Preston v. HowellSupreme Court of Iowa · 1934
- Watt v. German Savings BankCourt of Appeals of Iowa · 1917
- Blossi v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1909
- Bannister v. McIntireSupreme Court of Iowa · 1900
- Crum v. McCollumSupreme Court of Iowa · 1930
11 more not listed; retrieve them via the Exa API.