Nixon & Co. v. Carson
Supreme Court of Iowa
Appeal from Johnson Circuit Court. Action at law upon a contract in the following words: “ Messrs Nixon & Oo: Please manufacture and have ready for delivery in Chicago, by. the 15th, of April 1869, twelve of your Alliance Double Shovel Plows, for which I agree to pay you eighty-four dollars on or before the first day of June, 1869. Thos. C. Carson.”
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Appeal from Johnson Circuit Court. Action at law upon a contract in the following words: “ Messrs Nixon & Oo: Please manufacture and have ready for delivery in Chicago, by. the 15th, of April 1869, twelve of your Alliance Double Shovel Plows, for which I agree to pay you eighty-four dollars on or before the first day of June, 1869. Thos. C. Carson.” Iowa City, March 1, 1869. The answer admits the making of the contract and the receipt of twelve plows in Chicago, but denies any indebtedness above $20, which, defendant alleges, is equal to the amount due plaintiff, and a tender of that sum is…
1Opinion of the CourtBeok, J.
fraudulent tfoií^made summation' of contract. — The demurrer should have been overruled. False and fraudulent representations as to the subject matter of a contract, relied upon by the other party, which operated as an inducement thereto, will defeat recovery by the guilty party. The fact that the frau¿ was perpetrated prior to the execution of the contract does not change the rule. Indeed to bring a case within the rule the fraud, of necessity, must have been perpetrated before the consummation of the contract, otherwise it could not have operated as an inducement thereto. It was entirely…
2Cited by5 opinions
- Lavalleur v. HahnSupreme Court of Iowa · 1911
- McCormick Harvesting Machine Co. v. WilliamsSupreme Court of Iowa · 1896
- McDowell v. CaldwellSupreme Court of Iowa · 1902
- Scroggin v. WoodSupreme Court of Iowa · 1893
- Houge v. Saint Paul Fire & Marine InsuranceSupreme Court of Iowa · 1916