Legal Opinion

Howerton v. Augustine

Supreme Court of Iowa

Decided April 9, 1906PublishedCited by 10 opinions

Appeal from, Mahaska District Court. — ’Hon. John T. Scott, Judge. Action to recover damages for fraudulent representations in exchange of real property. At the close of plaintiff’s evidence the court, on motion, directed a verdict for defendant, and from judgment thereon plaintiff appeals.- —

1Opinion of the CourtMcClain, C. J.

In September, 1903, plaintiff and defendant entered into a written contract by which plaintiff agreed to deed to defendant one hundred and sixty acres of land in Coffee county, Kan., subject to a'mortgage of $1,500, in exchange for the assignment to plaintiff of a contract for the sale of six hundred and forty acres of -land in Douglas county, Wash., subject to the payment by plaintiff of $700 to the Northern Pacific Kailroad Company, by whom the assigned contract to convey the land in Washington was made. Subsequently a deed for the Kansas land was secured, to be made by one who held the…

2Cases cited11 opinions

  1. Lent v. New York & Massachusetts Railway Co.New York Court of Appeals · 1892
  2. Knapp v. . RocheNew York Court of Appeals · 1884
  3. State ex rel. Spaulding v. PetersonSupreme Court of Missouri · 1897
  4. Green v. City of St. LouisSupreme Court of Missouri · 1897
  5. Smith v. B., C. R. & N. R.Supreme Court of Iowa · 1882

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3Cited by10 opinions

  1. Stoke v. ConverseSupreme Court of Iowa · 1911
  2. Crouch v. National Livestock Remedy Co.Supreme Court of Iowa · 1928
  3. Shalla v. ShallaSupreme Court of Iowa · 1946
  4. Harrod v. WinemanSupreme Court of Iowa · 1910
  5. Swift & Company v. GutierezIdaho Supreme Court · 1954

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