Gagle v. Besser
Supreme Court of Iowa
Appeal from Polk District Court. — Hon. James P. Hewitt, Judge. On the 7th day of October, 1909, F. M. Gagle entered into a written contract with A. P. Besser, by the terms of which he purchased eighty-seven acres of land, paying $1,000 down and promising to pay the remainder of the purchase price on March 1st following, at which time the purchaser was to have title and possession.
Read the full summary
Appeal from Polk District Court. — Hon. James P. Hewitt, Judge. On the 7th day of October, 1909, F. M. Gagle entered into a written contract with A. P. Besser, by the terms of which he purchased eighty-seven acres of land, paying $1,000 down and promising to pay the remainder of the purchase price on March 1st following, at which time the purchaser was to have title and possession. At the date stipulated the remainder of the purchase price was paid, and a deed executed by Besser and wife to Cora B. Gagle. The plaintiffs are husband and wife, and in this action allege that defendant, A. P.…
1Opinion of the CourtLadd, J.
1. Fraud: evidence: submission of issues. The action is not based on contract, as counsel for appellees assume in argument, but sounds in tort. The damages for which judgment is prayed are not alleged to have been in consequence of a breach of contract, but of deceit practiced in inducing . plaintiffs to enter into the contract. This consisted in representing that a depression or basis of considerable area on the premises had been properly drained, and that the furnace in the house was in good condition, and the evidence tended to prove that defendant A. P. Besser so knew, and that plaintiff…
2Cases cited11 opinions
- Miller v. Keokuk & Des Moines R'y Co.Supreme Court of Iowa · 1883
- Lull v. Anamosa National BankSupreme Court of Iowa · 1900
- Bort v. YawSupreme Court of Iowa · 1877
- Dolan v. HubingerSupreme Court of Iowa · 1899
- Boswell v. GatesSupreme Court of Iowa · 1881
6 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Krametbauer v. McDonaldNew Mexico Supreme Court · 1940
- Overstreet v. New Nonpareil Co.Supreme Court of Iowa · 1918
- In the Matter of the Estate of Jerrold Wanek Jaysen McCleary, Claimant-Appellant v. Douglas Gulling, of the Estate of Jerrold WanekCourt of Appeals of Iowa · 2015