Dellwo v. Petersen
Idaho Supreme Court
APPEAL from the District Court of the Eighth Judicial District, for Kootenai County. Hon. R. N. Dunn, Judge. Action for damages. Judgment of nonsuit. “The falsity of the representations and the existence of a scienter and of a fraudulent intent are questions to be determined by the jury from the facts in evidence.”
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APPEAL from the District Court of the Eighth Judicial District, for Kootenai County. Hon. R. N. Dunn, Judge. Action for damages. Judgment of nonsuit. “The falsity of the representations and the existence of a scienter and of a fraudulent intent are questions to be determined by the jury from the facts in evidence.” (20 Cye. 124-126, and notes; Watson v. Molden, 10 Ida. 570, 79 Pae. 503.) On motion for nonsuit, defendant is deemed to have admitted all the facts of which there is any evidence, and all the facts which the evidence tends to prove. (Later v. Haywood, 12 Ida. 78, 85 Pae. 494; Allen…
1Opinion of the Court
STEELE, District Judge.
Appellant seeks to recover $13,000 damages from respondents for alleged fraudulent and deceitful acts practiced, as alleged, by respondents, in the exchange of certain lands; appellant’s lands which were exchanged being in the state of Oregon, and the lands which he received from the last three named respondents being owned by said three respondents in Idaho. The respondents Petersen and Boothe are claimed to have acted ás real estate *175brokers and as agents in making the said deal for respondents Nevers, Wolf and McFarland, Jr.
Appellant claims to have been a farmer all…
2Cases cited3 opinions
- Mayo v. WahlgreenColorado Court of Appeals · 1897
- Freyer v. McCordSupreme Court of Pennsylvania · 1895
- White v. New York, Susquehanna & Western RailroadSupreme Court of New Jersey · 1902
3Cited by8 opinions
- Stuck v. Delta Land & Water Co.Utah Supreme Court · 1924
- Loma Vista Development Co. v. JohnsonTexas Supreme Court · 1944
- Dellwo v. PetersenIdaho Supreme Court · 1921
- Ringer v. WilkinIdaho Supreme Court · 1919
- King v. H. J. McNeel, Inc.Idaho Supreme Court · 1971
3 more not listed; retrieve them via the Exa API.