Dawson v. Graham
Supreme Court of Iowa
Appeal from Warren Circuit Court, Action upon a promissory note. The defendant pleaded in his original answer a want of consíderatioñ.
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Appeal from Warren Circuit Court, Action upon a promissory note. The defendant pleaded in his original answer a want of consíderatioñ. He averred that the note was given in pursuance of a contract whereby ■ the plaintiff sold, and agreed to convey by deed of warranty, "to the Buffalo Creek Oil Company, of which defendant was a member, a certain tract of land in the State of Pennsylvania; and he further averred that the plaintiff never executed the deed, and never had any title. There was a trial by jury, ■ and verdict for the defendant. The plaintiff appealed to this court, and the judgment…
1Opinion of the CourtAdams, J.
*380i vendo* and uientripSenl tations. *379I. The first error assigned is that the court erred in sustaining the demurrer. The alleged fraudulent *380representation consisted in saying that the land contained large deposits of coal, oil and mineral, <jefen¿ian-¡¡ avers that he was induced by the statement to execute the note; that the statement was untrue, and was made with intent to cheat him.
The plaintiff demurred upon the ground, among others, that the answer does not show that the defendant relied upon the representations of the plaintiff, and we have to say that we think that the demurrer is well…
2Cases cited1 opinion
- Butcher v. BrandSupreme Court of Iowa · 1858
3Cited by3 opinions
- Fremont County v. Fremont County BankSupreme Court of Iowa · 1909
- Young v. YoungSupreme Court of Iowa · 1917
- King v. Sioux City Loan & Investment Co.Supreme Court of Iowa · 1888