Likes v. Baer
Supreme Court of Iowa
Appeal from the Mahaska District Court. This was an action to recover damages for tbe loss sustained by plaintiff, by reason of the alleged false and fraudulent representations of defendant, as to the quality and description of certain lands, sold and conveyed by defendant to plaintiff.
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Appeal from the Mahaska District Court. This was an action to recover damages for tbe loss sustained by plaintiff, by reason of the alleged false and fraudulent representations of defendant, as to the quality and description of certain lands, sold and conveyed by defendant to plaintiff. The plaintiff avers, that being the owner of certain lands lying in Clark county, Iowa, defendant proposed to purchase the same, and to give in exchange therefor, certain lands in Ringgold county, representing the lands in Ring-gold county to be of a certain quality as to timber, &c.; and that plaintiff,…
1Opinion of the Court
Stockton, J.*
Where a vendor becomes liable to a vendee, for the defective quality of goods sold, whether his liability arises through fraud, or breach of contract, the true measure of damages is the difference in value between goods corresponding with the representations made, and those actually delivered. Casey v. Gruman, 4 Hill, 626 ; Bærkins v. Bevan, 3 Rawle, 44; Cothers v. Keever, 4 Barr., 168. The consideration, or purchase money, although strong, is not conclusive evidence of such value. The same rule has been applied by this court, in case of the sale of real estate. Hahn v. Cummings,…
2Cases cited2 opinions
- Borrekins v. Bevan & PorterSupreme Court of Pennsylvania · 1831
- Hahn v. CummingsSupreme Court of Iowa · 1856
3Cited by15 opinions
- Hallett Construction Co. v. MeisterSupreme Court of Iowa · 2006
- Stoke v. ConverseSupreme Court of Iowa · 1911
- Callanan v. Brown & Co.Supreme Court of Iowa · 1871
- Holcomb Ex Rel. Holcomb v. Escambia County Hospital BoardSupreme Court of Alabama · 1973
- Edwards v. PowellWashington Supreme Court · 1922
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