Brett v. Van Auken
Supreme Court of Iowa
Appeal from Cerro Gordo District Court. — Hon. J. C. Sherwin, Judge. Action in equity to rescind a contract of purchase of certain real estate on the ground of fraud, and for judgment for the purchase price paid. The defendant answered, denying the allegations of fraud. Decree was rendered canceling the contract, and judgment was entered in favor of the plaintiffs for one thousand four hundred and twenty-six dollars and costs. Defendant appeals.
1Opinion of the CourtGiven, J.
On March 25, 1892, the plaintiffs purchased of the defendant a certain eighty-acre tract of land in Cerro Gordo county, at the agreed price of one thousand two hundred and forty dollars, which price was then paid, and a deed executed and delivered to the plaintiffs. Plaintiffs allege, as grounds for the relief as follows: “That, for the purpose of inducing the plaintiffs to purchase the said lands, the said defendant falsely and fraudulently stated and represented to the plaintiffs that there were upon said land, from sixty to sixty-five acres thereof, that was good, tillable land, and that…
2Cases cited7 opinions
- McGibbons v. WilderSupreme Court of Iowa · 1889
- Mohler v. CarderSupreme Court of Iowa · 1887
- Hood v. SmithSupreme Court of Iowa · 1890
- Mitchell v. MooreSupreme Court of Iowa · 1868
- Montgomery v. ShockeySupreme Court of Iowa · 1873
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Shuttlefield v. NeilSupreme Court of Iowa · 1914
- Scott v. BurnightSupreme Court of Iowa · 1906
- Fulton v. FisherSupreme Court of Iowa · 1911
- Franke v. KelsheimerSupreme Court of Iowa · 1917
- Lunscheon v. WocknitzSouth Dakota Supreme Court · 1907
3 more not listed; retrieve them via the Exa API.