Legal Opinion

McFadden v. Alexander

Supreme Court of Iowa

Decided April 4, 1912PublishedCited by 1 opinion

Appeal from Shelby Distmct Court. — IIon. O. D. Wheeler, Judge. Suit in. equity to recover back money paid upon certain contracts, and to rescind the contracts. There was a decree for the plaintiffs, and defendant appeals.

1Opinion of the CourtEvans, J.

By the contracts involved in this suit the plaintiffs and their assignor purported to purchase of the defendant an interest in a patent. They claim to have discovered later that the defendant bad no title or interest in such patent, and they aver that their signatures to the contracts were obtained by false representations. Plaintiffs’ action was brought in the first instance as for damages. The defendant pleaded an equitable defense, and upon bis motion the case was transferred to the equity side. Thereafter, by various amendments to their petition, the plaintiffs asked to recover back their…

2Cases cited9 opinions

  1. Waterman v. MacKenzieSupreme Court of the United States · 1891
  2. Gayler v. WilderSupreme Court of the United States · 1851
  3. Mitchell v. HawleySupreme Court of the United States · 1873
  4. Wilson v. RousseauSupreme Court of the United States · 1846
  5. Hayward v. AndrewsSupreme Court of the United States · 1883

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3Cited by1 opinion

  1. Severson v. KockSupreme Court of Iowa · 1913

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