Legal Opinion

Gardner v. Trenary

Supreme Court of Iowa

Decided April 8, 1885PublishedCited by 15 opinions

Appeal from Plymouth District Court. This is an action in equity, by which the plaintiff seeks to set aside and annul a conveyance of a house and lot, made by the plaintiff to the defendant. The alleged consideration of the conveyance was a transfer by defendant to plaintiff of the right to vend and sell a certain patent-right in certain counties in this state, and in Ross county, in Ohio.

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Appeal from Plymouth District Court. This is an action in equity, by which the plaintiff seeks to set aside and annul a conveyance of a house and lot, made by the plaintiff to the defendant. The alleged consideration of the conveyance was a transfer by defendant to plaintiff of the right to vend and sell a certain patent-right in certain counties in this state, and in Ross county, in Ohio. It is alleged in the petition, in substance, that the patent-right was worthless, and that the defendant falsely and fraudulently represented it to the plaintiff to be a valuable invention, and warranted it…

1Opinion of the CourtRothrock, J.

I. The ease is triable anew in this court. An examination of the evidence shows that it took a very wide range. The fact is well established that the defendant was proprietor of a patent-right, which consisted of a contrivance designed to be used to attach a walking plow to a sulky *647cultivator, so as to make a sulky plow of the combination. During the spring, summer and fall of 1882, the defendant was engaged in the northwestern part of the state in disposing of the right to sell his patent in such territory as he could. Lie had a sulky cultivator with his patent attached, and he exhibited it…

2Cited by15 opinions

  1. Riley v. BellSupreme Court of Iowa · 1903
  2. Fargo Gas & Coke Co. v. Fargo Gas & Electric Co.North Dakota Supreme Court · 1894
  3. Maxfield v. SchwartzSupreme Court of Minnesota · 1890
  4. Strand v. GriffithCourt of Appeals for the Eighth Circuit · 1899
  5. Clapp v. GreenleeSupreme Court of Iowa · 1897

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