Clark v. Ralls
Supreme Court of Iowa
Appeal from Marshall Circuit Court. The plaintiff, and one James W. Clark, in 1872, purchased of the defendants.a grist-mill situated upon South Timber creek, in Marshall county, paying therefore the sum of eleven thousand dollars. He avers that he and James W. were induced to make the purchase by false and fraudulent representations in regard to the character of the stream which furnished the motive power.
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Appeal from Marshall Circuit Court. The plaintiff, and one James W. Clark, in 1872, purchased of the defendants.a grist-mill situated upon South Timber creek, in Marshall county, paying therefore the sum of eleven thousand dollars. He avers that he and James W. were induced to make the purchase by false and fraudulent representations in regard to the character of the stream which furnished the motive power. Fie avers that the stream is of such a character that the mill is worth much less than it would have been if the stream were of the character which it was represented to be; that he and…
1Opinion of the CourtAdams, J.
i. vendob ana vendee: representations. The petition avers that “the defendants stated, not in writing, that the stream was permanent and durable; was not dependent upon surface water and rains for its supply, but was fed by durable springs; that the stream supplied sufficient water and power to run and operate the mill during both the night and day-time for a period of eight months during each and every year. ” The plaintiff claims that the statement is both a warranty and representation, and he claims that as a warranty it is broken, and as a representation it is false and fraudulent. The…
2Cases cited1 opinion
- Holmes v. BurtonSupreme Court of Vermont · 1837
3Cited by15 opinions
- Saville v. ChalmersSupreme Court of Iowa · 1888
- Forshagen v. PayneCourt of Appeals of Texas · 1949
- International Harvester Co. v. LawyerSupreme Court of Oklahoma · 1916
- Lucas v. CrippenSupreme Court of Iowa · 1889
- Smith v. BolsterWashington Supreme Court · 1912
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