Watson v. Bartholomew
Supreme Court of Iowa
Appeal from PolJc District Court. — Hon. W. E. Conrad, Judge. Plaintiff began proceedings in this case by filing a petition at law, asking damages. Thereafter he filed a substituted petition, which, though quite lengthy, we are compelled to set. out in full, in order that the issues may be fully understood.
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Appeal from PolJc District Court. — Hon. W. E. Conrad, Judge. Plaintiff began proceedings in this case by filing a petition at law, asking damages. Thereafter he filed a substituted petition, which, though quite lengthy, we are compelled to set. out in full, in order that the issues may be fully understood. It is in these words: “(1) That on or about May 1, 1890, defendants represented to plaintiff that they were the owners of a certain lot, which plaintiff then desired to buy, and which defendants claimed was platted and described as lot 19 in Gaston’s subdivision of lot 37, etc. (2) That on…
1Opinion of the CourtWaterman, J.
1 The first claim urged is that the case made by plaintiff is a strictly legal one, and that the court erred in transferring it to the equity docket, thus depriving defendants of a jury trial. The gist of plaintiff’s action is that he purchased of defendants a certain lot, which they falsely represented to be lot No. 20, and that he took a conveyance from them by that description; that the • description does not cover the land contracted for, and he desires to rescind the sale. Stripped of much verbiage and many immaterial allegations, this is the case. If plaintiff had given some specific…
2Cases cited2 opinions
- Jordan v. WinserSupreme Court of Iowa · 1878
- Kershman v. SwehlaSupreme Court of Iowa · 1883
3Cited by9 opinions
- Berry Seed Company v. HutchingsSupreme Court of Iowa · 1956
- McCormick Harvesting Machine Co. v. MarkertSupreme Court of Iowa · 1899
- McAnulty v. PeisenSupreme Court of Iowa · 1929
- Lambertson v. National Investment & Finance Co.Supreme Court of Iowa · 1925
- Markworth v. State Savings BankSupreme Court of Iowa · 1931
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