Bean v. Bickley
Supreme Court of Iowa
Appeal from Black Hawk District Court. — H. B. Boies, Judge. Suit to recover on a promissory note. Execution admitted. Counterclaim for damages alleged to have resulted from fraud practiced in a land sale, for the purchase price of which said note was given. There was a judgment on the counterclaim which canceled the note and mortgage. Plaintiff appeals.
1Opinion of the CourtSalinger, J.
1- purchase™ agency ?)(?)r I. Appellant asksi us to hold, as matter of law, that he was not the owner of the lands bought by defendant Bickley. If we may do this, it would become immaterial what fraud was practiced in the sale of land to defendant; for, if plaintiff had no interest in that land, he would, in this case, not be responsible for whatever was done to sell the land. The question whether a disposition of lands by a writing constitutes a sale or creates an agency has had full consideration in the case of Mahnke v. Marken Acres Co., 187 Iowa 762. There, many, if not all, the cases…
2Cases cited68 opinions
- Grimes v. SandersSupreme Court of the United States · 1876
- People v. . StephensNew York Court of Appeals · 1878
- Schmidt v. MesmerCalifornia Supreme Court · 1897
- McLean v. ClappSupreme Court of the United States · 1891
- Mabardy v. McHughMassachusetts Supreme Judicial Court · 1909
63 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Bagdasarian v. GragnonCalifornia Supreme Court · 1948
- State v. MartiSupreme Court of Iowa · 1980
- Adams v. Little Missouri Minerals AssociationNorth Dakota Supreme Court · 1966
- Jahnig v. CoismanSouth Dakota Supreme Court · 1979
- Lockard v. CarsonSupreme Court of Iowa · 1980
36 more not listed; retrieve them via the Exa API.