Legal Opinion

McCormack v. Molburg

Supreme Court of Iowa

Decided June 15, 1876PublishedCited by 43 opinions

Appeal from Allamakee Circuit Court. Action on a written contract, whereby defendant directed the plaintiffs to ship him a reaper, and for which he agreed to pay upon the terms and conditions alleged therein.

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Appeal from Allamakee Circuit Court. Action on a written contract, whereby defendant directed the plaintiffs to ship him a reaper, and for which he agreed to pay upon the terms and conditions alleged therein. The answer states that before signing the writing, defendant made “a verbal bargain with plaintiffs, by which plaintiffs were to furnish defendant a reaper of easy draft, one that defendant could use on his rough, uneven farm, with perfect ease with defendant’s one pair of horses, and assured this defendant there had been a great improvement in said machine as to draft since the last…

1Opinion of the Court

Servers, Oír. J.

In Bell v. Byerson, 11 Iowa, 233, it is said if the means of knowledge of the alleged fraud were equally open to both parties the law will not interfere to protect the negligent; and in Rogers v. Place, 29 Ind., 577, it is said, if no device is used to put him off his guard, a party who, having capacity to read an instrument, signs it without reading, places himself beyond legal relief. “ If the truth or falsehood of the representation might have been tested by ordinary vigilance and attention, it is the party’s own folly if he neglected to do so, and he is remediless.” 2…

2Cases cited4 opinions

  1. Walker v. EbertWisconsin Supreme Court · 1871
  2. Nebeker v. CutsingerIndiana Supreme Court · 1874
  3. Rogers v. PlaceIndiana Supreme Court · 1868
  4. Bell v. ByersonSupreme Court of Iowa · 1860

3Cited by43 opinions

  1. Goodson & Koski v. SmithWyoming Supreme Court · 1952
  2. McKinney v. HerrickSupreme Court of Iowa · 1885
  3. Mayo Arcade Corporation v. Bonded Floors Co.Court of Appeals of Kentucky (pre-1976) · 1931
  4. Williams v. HamiltonSupreme Court of Iowa · 1898
  5. Green v. WilkieSupreme Court of Iowa · 1896

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