Emmert v. Jelsma & Holdebrand
Supreme Court of Iowa
Appeal from Polk District Court. — Hubert Utterbaoe, Judge. Action for damages by a purported purchaser of real estate against alleged agents who assumed to act as such, and as such to sell the land to the plaintiff; whereas, in fact, they lacked authority to make such sale.
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Appeal from Polk District Court. — Hubert Utterbaoe, Judge. Action for damages by a purported purchaser of real estate against alleged agents who assumed to act as such, and as such to sell the land to the plaintiff; whereas, in fact, they lacked authority to make such sale. The same cause of action is set forth in the second count, with the additional allegation that the representations of the agents were made fraudulently, in that they knew that they were false when they made them. There was a trial to a jury and a verdict for the plaintiff and judgment entered thereon. The defendants…
1Opinion of the CourtEvans, C. J.
The transactions involved herein were had in July, 1917. The defendant L. H. Battles was a real estate agent at Mitchellville. The defendants Jelsma & Holdebrand were engaged as a partnership in the same business at the town of Pella. The plaintiff was a proposed purchaser of land. He applied to the Pella agents, Jelsma & Holdebrand, who showed him several farms which were not satisfactory. He made special inquiry from them concerning a certain farm known in this record as the “Fox farm,” and comprising 166 acres of land, and was advised by them that they knew the man who had the agency. The…
2Cases cited18 opinions
- White v. . MadisonNew York Court of Appeals · 1862
- Lewis v. TiltonSupreme Court of Iowa · 1884
- Thilmany v. Iowa Paper Bag Co.Supreme Court of Iowa · 1899
- Hall v. CrandallCalifornia Supreme Court · 1866
- Boice v. CoffeenSupreme Court of Iowa · 1912
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3Cited by2 opinions
- Miller v. Hartford Fire Insurance CompanySupreme Court of Iowa · 1960
- Hubler v. GatesSupreme Court of Iowa · 1930