Smith v. Middle States Utilities Co.

Bliss, J.-

This is the second appearance of this case in this court. The former case is reported in 224 Iowa 151, 275 N. W. 158. In the former trial below, the petition alleged and the court submitted both the issue of fraud in the sale, and the agreement to repurchase. On that appeal the court held that any fraud in the sale was barred by the statute of limitations, and the judgment was reversed because this issue was submitted, but the court found no error in submitting the issue as to the repurchase contract.

Plaintiffs are an elderly married couple who retired from farming to a modest home…