Boysen v. Petersen

’This is an action in tort, based on deceit. Plaintiff'in his petition pleaded both an oral warranty and a fraudulent representation. It is true that a warranty may be made the basis of fraud, provided that the plaintiff pleads it as fraud, and makes the necessary allegations to constitute fraud. See Hughes v. Funston & Smith, 23 Iowa 257.

Fraud, however, is distinguishable from breach of warranty. A warranty rests on contract, while fraudulent representation has no element of contract, and is essentially a tort. 1 Black on Bescission and Cancellation 46, Section 23. See, also, American Fruit…