Franke v. Kelsheimer
Supreme Court of Iowa
Appeal from Ida District Court. — F. M. Powers, Judge. Suit to recover on balance due for rent. Landlord’s attachment issued. There was a counterclaim, based on a claim that lessor induced defendant to contract by means of fraudulent representations concerning the character of the farm and land. The court dismissed the counterclaim, and directed verdict for plaintiff. Defendant appeals.—
1Opinion of the CourtSalinger, J.
I. There was error in striking out allegations that fraudulent representations were made, to the effect that the land leased was free from noxious weeds. That is cured because substituted pleading upon which the case was /tried has such allegations.
1' uion^ropiosenIon01( ?) orm fact (’) II. A number of other representations alleged were stricken out. It was done on motion, in substance, that they were not actionable, were mere statements of opinion, and laid foundation for damages that were too remote and speculative. The motions should have been overruled. But as .to some of these…
2Cases cited31 opinions
- Pryor v. . FosterNew York Court of Appeals · 1891
- Hetland v. BilstadSupreme Court of Iowa · 1908
- McLaren v. HallSupreme Court of Iowa · 1868
- Lesure Lumber Co. v. Mutual Fire InsuranceSupreme Court of Iowa · 1897
- Adair v. BogleSupreme Court of Iowa · 1866
26 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Frudden Lumber Co. v. CliftonSupreme Court of Iowa · 1971
- Koch v. RhodesMontana Supreme Court · 1920
- In the Matter of the Estate of Glen A. Waterman, Jingles Ti-Okay WatermanSupreme Court of Iowa · 2014
- In Re Estate of KahlSupreme Court of Iowa · 1930
- Bell v. Courteen Seed Co.Supreme Court of Iowa · 1924
5 more not listed; retrieve them via the Exa API.