Dooley v. Crabtree
Supreme Court of Iowa
Appeal from Polk District Court.— Iiow. Hugh Brennan, J udge. Action at law to recover damages for false and fraudulent representations made by defendant in the sale of mining stock. Defendant filed an answer containing several divisions and to one of them plaintiff demurred upon various grounds and his demurrer was sustained. Thereupon defendant elected to stand upon the pleading so attacked and refused to plead further. This appeal is from the ruling upon the demurrer.—
1Opinion of the CourtDeemer, J.
The division of the answer which was attacked by the.demurrer pleads in substance the following facts: That defendant obtained from plaintiff certain real estate in exchange for mining stock; that thereafter plaintiff, claiming that his property had been obtained by fraud and false representations, undertook to rescind the exchange, and tendered defendant the stock received by him, plaintiff, and demanded a reconveyance of the real estate, stating that he elected to rescind the transaction; that defendant refused to accept the stock so tendered and refused to reconvey the real estate; and…
2Cases cited4 opinions
- Zimmerman v. Robinson & Co.Supreme Court of Iowa · 1905
- Smith v. BrokerSupreme Court of Iowa · 1892
- Lemon v. Sigourney Savings BankSupreme Court of Iowa · 1906
- Thorson & Cassidy Co. v. BakerSupreme Court of Iowa · 1898
3Cited by1 opinion
- Missildine v. MillerSupreme Court of Iowa · 1941