Coles v. Kennedy
Supreme Court of Iowa
Appeal from Lucas District Court. — Hon. Charles D. Leggett, Judge. This is an action in equity to cancel and annul a certain written contract for tlie conveyance of real estate, upon the grounds that the same was obtained by fraud and without consideration. The answer denies each allegation of fraud and want of consideration, and asks specific performance of the contract. A decree was entered in favor of the plaintiff granting the relief prayed for in the petition.
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Appeal from Lucas District Court. — Hon. Charles D. Leggett, Judge. This is an action in equity to cancel and annul a certain written contract for tlie conveyance of real estate, upon the grounds that the same was obtained by fraud and without consideration. The answer denies each allegation of fraud and want of consideration, and asks specific performance of the contract. A decree was entered in favor of the plaintiff granting the relief prayed for in the petition. The defendant appeals.
1Opinion of the CourtGfiVEN, J.
The testimony shows that in 1880 appellant was the owner of a mining claim in Arizona, called the “ Mina Rica,” that had been prospected to the extent of driving a tunnel for a short distance, and sinking a shaft to about twenty feet. A small vein of silver ore was found in the shaft, but not in quantities to justify milling the same. In the spring of 1880, appellant returned from Arizona to Chariton, bringing *362with him specimens of ore which he represented to have been taken from his claim. He proceeded to organize a joint-stock company for gold and silver mining in Arizona, “and to purchase…
2Cited by20 opinions
- Dennis v. ThomsonCourt of Appeals of Kentucky (pre-1976) · 1931
- Hinkley v. Sac Oil & Pipe Line Co.Supreme Court of Iowa · 1906
- Dorr v. CorySupreme Court of Iowa · 1899
- Smith v. Waterloo, Cedar Falls & Northern Railway Co.Supreme Court of Iowa · 1921
- Barnes v. Century Savings BankSupreme Court of Iowa · 1910
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