Gunderson v. Richardson
Supreme Court of Iowa
Appeal from Kossuth District Court. The following is.a copy of the petition in this case:. “For cause of action herein, • plaintiff says: That on or about the first day of June, 1878, the plaintiff traded a pair of large work horses to the defendant for a pair of smaller horses and ninety dollars cash; that at and before said trade, and as an inducement to plaintiff to make said trade with defendant, the said defendant, with the intent and. purpose to cheat and defraud…
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Appeal from Kossuth District Court. The following is.a copy of the petition in this case:. “For cause of action herein, • plaintiff says: That on or about the first day of June, 1878, the plaintiff traded a pair of large work horses to the defendant for a pair of smaller horses and ninety dollars cash; that at and before said trade, and as an inducement to plaintiff to make said trade with defendant, the said defendant, with the intent and. purpose to cheat and defraud plaintiff, did willfully, falsely, and fraudulently state and represent that one of his said horses, to-wit, the dark bay,…
1Opinion of the CourtRothrock, J.
i. fkaud: nuuleon suuday. It is well settled that when parties enter into a contract on Sunday,-and either of them undertakes to enforce it by action, or to recover damages growing out °f tibe illegal transaction, the law will leave the parties where it finds them, and no recovery will be allowed. The law leaves the parties to suffer the consequences of their illegal acts. Pike v. King, 16 Iowa, 49; Kinney v. McDermot, 55 Iowa, 674; Smith v. Bean, 15 N. H., 577. In the last cited case it is said that “no action will lie for fraud or breach of warranty upon a Sunday contract.”
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2Cases cited3 opinions
- Pike v. KingSupreme Court of Iowa · 1864
- Schmid v. HumphreySupreme Court of Iowa · 1878
- Kinney v. McDermotSupreme Court of Iowa · 1881
3Cited by5 opinions
- Swank v. MoisanOregon Supreme Court · 1917
- Kelley v. CosgroveSupreme Court of Iowa · 1891
- Vansickle v. ShenkIndiana Supreme Court · 1898
- Haddock v. Salt Lake CityUtah Supreme Court · 1901
- District Township of Pleasant Valley v. CalvinSupreme Court of Iowa · 1882