Myers v. Townsend
Supreme Court of Iowa
Appeal from Webster District Court. — Hon. B. P. Birdsall, Judge. Action at law to recover the possession of a piano in the defendant’s possession under a written contract, by the terms of which defendant agreed to pay therefor in installments. By the terms of the contract the title, ownership, and possession remained in plaintiff, and he was authorized to take possession of it at any time, even before the maturity of the contract.
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Appeal from Webster District Court. — Hon. B. P. Birdsall, Judge. Action at law to recover the possession of a piano in the defendant’s possession under a written contract, by the terms of which defendant agreed to pay therefor in installments. By the terms of the contract the title, ownership, and possession remained in plaintiff, and he was authorized to take possession of it at any time, even before the maturity of the contract. He alleged that but ten dollars had been paid on the instrument, that he had demanded possession, and that defendant had refused to surrender it. Defendant pleaded…
1Opinion of the CourtDeemer, J.
1 The court instructed the jury, in effect, that if defendant was induced to enter into the contract by means of false and fraudulent representations of the plaintiff, which she relied upon; and if such representations were known by plaintiff to be false when made, and they were made for the. purpose of deceiving the defendant, and were such as a person of ordinary intelligence and prudence would ordinarily act upon; and if the defendant, not knowing of their falsity, was induced thereby to execute the contract and part with her property, and she was damaged thereby; and if she, in reasonable…
2Cases cited2 opinions
- Downey v. RiggsSupreme Court of Iowa · 1897
- Kern v. WilsonSupreme Court of Iowa · 1887
3Cited by6 opinions
- Waters v. PearsonSupreme Court of Iowa · 1914
- Apple v. EdwardsMontana Supreme Court · 1932
- Frederick v. DavisSupreme Court of Iowa · 1907
- Perrin v. ChidesterSupreme Court of Iowa · 1913
- Gevers v. FarmerSupreme Court of Iowa · 1899
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