Legal Opinion

Gaar, Scott & Co. v. Halverson

Supreme Court of Iowa

Decided October 20, 1905PublishedCited by 7 opinions

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

  1. Deming v. DarlingMassachusetts Supreme Judicial Court · 1889
  2. Neidefer v. ChastainIndiana Supreme Court · 1880
  3. Davis' Sons v. RobinsonSupreme Court of Iowa · 1885
  4. Russell & Co. v. MurdockSupreme Court of Iowa · 1890
  5. Wendall v. Osborne & Co.Supreme Court of Iowa · 1884

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

3Cited by7 opinions

  1. Vulcan Metals Co. v. Simmons Mfg. Co.Court of Appeals for the Second Circuit · 1918
  2. International Harvester Co. v. LawyerSupreme Court of Oklahoma · 1916
  3. Rowe Manufacturing Co. v. Curtis-Straub Co.Supreme Court of Iowa · 1937
  4. Wright & Co. v. ShacklefordSupreme Court of Virginia · 1929
  5. First Acceptance Corp. v. KennedyCourt of Appeals for the First Circuit · 1952

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

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