White v. Smith
Supreme Court of Iowa
Appeal from Jones District Ooxvrt. Action to recover damages for alleged fraudulent representations made by the defendant, by means of which the plaintiff was induced to purchase about two acres of land at Olin, Jones county, upon which to erect a dwelling house.
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Appeal from Jones District Ooxvrt. Action to recover damages for alleged fraudulent representations made by the defendant, by means of which the plaintiff was induced to purchase about two acres of land at Olin, Jones county, upon which to erect a dwelling house. It is claimed that the defendant had laid out, platted and recorded an addition to said town, and that he took the plaintiff upon the premises in question, and falsely and fraudulently pointed out and asserted that said land so purchased was bounded on the north and east by streets, and that it was thus situated on a corner, whereas…
1Opinion of the CourtRothrook, J.
I. The plaintiff introduced evidence tending to show the truth of all the material allegations of the petition. Thereupon the defendant presented a motion asking the court to direct the jury to find a verdict for the defendant, because the recorded plat of Smith’s Addition to Olin showed that there was no recorded street on the north side of the land in controversy, and there was no testimony to show that defendant used any artifice or other means to induce the plaintiff not to examine said record, and that plaintiff did not examine said record, and that plaintiff did not exercise ordinary…
2Cases cited2 opinions
- Gates v. ReynoldsSupreme Court of Iowa · 1861
- Haight v. KimbarkSupreme Court of Iowa · 1879
3Cited by15 opinions
- Winters v. WintersSupreme Court of Iowa · 1897
- State v. MaddenSupreme Court of Iowa · 1914
- Herfort v. CramerSupreme Court of Colorado · 1884
- Kenosha Stove Co. v. SheddSupreme Court of Iowa · 1891
- State v. WilsonSupreme Court of Iowa · 1913
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