Button Land Co. v. Noon
Supreme Court of Iowa
Appeal from, Cass District Court. — Hon. O. D. Wheeler, Judge. Suit in equity to recover the purchase price of certain real estate, sold by plaintiff to defendants Noon and Gilroy, and to establish a trust upon certain funds in the hands of the defendant bank, left for the purpose of paying part of the purchase price.
Read the full summary
Appeal from, Cass District Court. — Hon. O. D. Wheeler, Judge. Suit in equity to recover the purchase price of certain real estate, sold by plaintiff to defendants Noon and Gilroy, and to establish a trust upon certain funds in the hands of the defendant bank, left for the purpose of paying part of the purchase price. The defendant bank made no contest; but the other defendants, while admitting the contract to purchase the land, pleaded fraud in the inception thereof and false and fraudulent representations inducing the sale. They also pleaded a counterclaim for money paid to bind the bargain…
1Opinion of the CourtDeemer, J.
Plaintiff is a copartnership which, at the time material to our inquiry, was located at Lincoln, in the state of Nebraska, and, among other things, was engaged on its own account, and as agents for others, in the handling o£ lands in the state of Colorado, and particularly in what was known .as the San Luis Valley. These were supposed to be either irrigable or irrigated lands, and, to make them of any benefit, water rights had to be secured, and were sold with the lands.
1. Fruad in the sale of land: evidencs. Defendants Noon and Gilroy were one time residents of Cass county, Iowa, who had…
2Cases cited5 opinions
- Lessenich v. SellersSupreme Court of Iowa · 1903
- Severson v. KockSupreme Court of Iowa · 1913
- Spooner v. CrossSupreme Court of Iowa · 1905
- Latta v. Button Land Co.Nebraska Supreme Court · 1912
- Tiger v. Button Land Co.Nebraska Supreme Court · 1912
3Cited by4 opinions
- Creamer v. StevensSupreme Court of Iowa · 1921
- Huie v. FaldeSupreme Court of Iowa · 1924
- First Trust Joint Stock Land Bank v. ReshSupreme Court of Iowa · 1939
- Lathrop v. SpechtSupreme Court of Iowa · 1919