Nolan v. Fitzpatrick
Supreme Court of Iowa
Appeal from Germ Gordo District Gou/rt. — J. J. Clark, Judge. Action in equity, to foreclose a contract for , the sale of land. The defendants alleged that the contract was procured by fraud and false representations as to the character, quality, and value of the land, for which reason they ask that they have affirmative relief for. the rescission of the agreement, and for an assessment .of damages in their favor.
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Appeal from Germ Gordo District Gou/rt. — J. J. Clark, Judge. Action in equity, to foreclose a contract for , the sale of land. The defendants alleged that the contract was procured by fraud and false representations as to the character, quality, and value of the land, for which reason they ask that they have affirmative relief for. the rescission of the agreement, and for an assessment .of damages in their favor. The trial court dismissed the petition, rescinded the contract, and entered judgment for the defendants for damages in the sum of $1,380.
1Opinion of the CourtWeaver, J.
At the time of the transaction here in question, the plaintiff, Nolan, was cashier of the People’s Staté Bank of Mason City, Iowa, and was also engaged in the real estate business. In the year 1912, he visited Saskatchewan, Canada, where he purchased, among other *1228lands, a certain tract of 320 acres, after making personal inspection thereof. In June, 1913, he entered into the contract in suit with the defendants, who were young physicians, engaged together in the practice of their profession at Mason City, and were patrons of the People’s Bank, by. which he undertook to sell the land to…
2Cases cited7 opinions
- Hetland v. BilstadSupreme Court of Iowa · 1908
- Sutton v. GreinerSupreme Court of Iowa · 1916
- Holmes v. RiversSupreme Court of Iowa · 1910
- Scott v. BurnightSupreme Court of Iowa · 1906
- Campbell v. SpearsSupreme Court of Iowa · 1903
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3Cited by2 opinions
- American Guaranty Co. v. Sunset Realty & Planting Co.Supreme Court of Louisiana · 1944
- Leaman v. WiseSupreme Court of Iowa · 1924