Miles v. Lynch
Supreme Court of Iowa
Appeal from Bremer District Court. — C. H. Kelley, Judge. Suit in equity to set aside an executory contract for the sale of land, on the ground of fraud and undue influence. There was a decree for the plaintiff, and the defendants appeal. —
1DissentDe Graee, J.
The character of the agency in the instant suit, as defined by the parties, is not in question. ^Defendant Sehaum was an agent to lease and collect rents, and not to sell the land in controversy. No actual fraud is pleaded, and the action is not predicated on deceit. To affirm the findings and decree of the trial court, the record must disclose fiduciary relations between the plaintiff and the defendant Sehaum. The writer of this dissent is unable to discover that a fiduciary relation existed, or that there was any assumption of agency for sale on -the part of Sehaum. Plaintiff never listed…
2Cases cited6 opinions
- Green v. PeesoSupreme Court of Iowa · 1894
- Douglass v. LougeeSupreme Court of Iowa · 1909
- Collar v. FordSupreme Court of Iowa · 1876
- Ingle v. HartmanSupreme Court of Iowa · 1873
- Fred Brown & Co. v. CashSupreme Court of Iowa · 1914
1 more not listed; retrieve them via the Exa API.