Gaar, Scott & Co. v. Halverson
Supreme Court of Iowa
Appeal from Winneshiek District Court.— Hon. A. N. Hobson, Judge. Action in equity to recover upon promissory notes, and to foreclose a chattel mortgage given to secure the same. There was a decree in favor of plaintiff, and the defendants-appeal.- — ■
1Opinion of the CourtBishop, J.
The notes in suit, three in number, were-given in evidence of part- of the purchase price of a traction-engine sold by plaintiff to the defendant Jome. The defendant Halverson-signed one of the notes as surety. Defendants. *604admit the execution and delivery of the notes and mortgage, and they defend upon substantially two grounds: First, fraud in contract of sale; second, breach of warranty, and , rescission of the contract on account thereof.
i Sales’ fraud f°r I. We find no evidence of fraud entering into the contract of sale. The contention goes no farther than that at the time of the sale it…
2Cases cited6 opinions
- Deming v. DarlingMassachusetts Supreme Judicial Court · 1889
- Neidefer v. ChastainIndiana Supreme Court · 1880
- Davis' Sons v. RobinsonSupreme Court of Iowa · 1885
- Russell & Co. v. MurdockSupreme Court of Iowa · 1890
- Wendall v. Osborne & Co.Supreme Court of Iowa · 1884
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Vulcan Metals Co. v. Simmons Mfg. Co.Court of Appeals for the Second Circuit · 1918
- International Harvester Co. v. LawyerSupreme Court of Oklahoma · 1916
- Rowe Manufacturing Co. v. Curtis-Straub Co.Supreme Court of Iowa · 1937
- Wright & Co. v. ShacklefordSupreme Court of Virginia · 1929
- First Acceptance Corp. v. KennedyCourt of Appeals for the First Circuit · 1952
2 more not listed; retrieve them via the Exa API.