Legal Opinion

Clapp v. Greenlee

Supreme Court of Iowa

Decided January 21, 1897PublishedCited by 29 opinions

Appeal from Keolcuh District Court — Hon. D. Ryan, Judge. Originally, this was an action at law to recover damages from defendant for certain false and fraudulent representations made by him with reference to some Nebraska land, which he exchanged with plaintiff for some land in Iowa.

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Appeal from Keolcuh District Court — Hon. D. Ryan, Judge. Originally, this was an action at law to recover damages from defendant for certain false and fraudulent representations made by him with reference to some Nebraska land, which he exchanged with plaintiff for some land in Iowa. The defendant answered, denying that he made any false or fraudulent representations regarding the Nebraska land, and further pleading that the representations he made were not fraudulent, but made through mistake as to the tract of land which he in fact owned and traded to plaintiff. Defendant also pleaded a…

1Opinion of the CourtDeemer, J.

1 *5932 3 *592The unusually long statement preceding this opinion seems to be necessary to properly understand the questions presented for our determination. The exchange of land referred to in the pleadings was made in Nebraska, on or about the nineteenth day of April, 1887, and it is practically undisputed that the parties made a mistake as to the subject-matter of the trade. The plaintiff and defendant went to see the Nebraska land which defendant claimed to own, it being the west one-half of section No. 15, in township No. 2 N., of range 14 W. The defendant, by mistake, pointed out the east half…

2Cases cited13 opinions

  1. Smith v. BrokerSupreme Court of Iowa · 1892
  2. Taylor v. Ormsby Bros.Supreme Court of Iowa · 1885
  3. Gardner v. TrenarySupreme Court of Iowa · 1885
  4. McCorkell v. KarhoffSupreme Court of Iowa · 1894
  5. Putney v. O'BrienSupreme Court of Iowa · 1880

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3Cited by29 opinions

  1. Ludington v. PattonWisconsin Supreme Court · 1901
  2. Peine v. MurphyHawaii Supreme Court · 1962
  3. Bottorff v. LewisSupreme Court of Iowa · 1903
  4. Creveling v. BantaSupreme Court of Iowa · 1908
  5. McNair v. SockriterSupreme Court of Iowa · 1924

24 more not listed; retrieve them via the Exa API.

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