Gates v. Reynolds
Supreme Court of Iowa
Appeal from Allamakee District Court. The facts are stated in the opinion of the court. Contracts vitiated by fraud are voidable, and not void. The injured party may annul or enforce the contract, as the peculiar circumstances of the case may require. 1 Smith’s L. C. 276. An election to rescind or affirm must be made promptly on the discovery of the fraud. Id. 276; 2 Pars.
Read the full summary
Appeal from Allamakee District Court. The facts are stated in the opinion of the court. Contracts vitiated by fraud are voidable, and not void. The injured party may annul or enforce the contract, as the peculiar circumstances of the case may require. 1 Smith’s L. C. 276. An election to rescind or affirm must be made promptly on the discovery of the fraud. Id. 276; 2 Pars. Cont.' 278. A rescission can be effected only by placing the parties in statu quo or by an offer to do so. Maitewan Company v. Bentley, 13 Barb. 641; Wheaton et al. v. Baker, 14 Id. 594; Masson v. Bovet, 1 Denio, 69; Baker…
1Opinion of the CourtBaldwin, J.
— The plaintiff sold to defendant a farm in the state of Indiana, at the rate of forty dollars per acre, and, in consideration thereof, the defendant agreed to pay off incumbrances upon the land by him purchased to the amount of $3,000, and for the balance of the purchase money agreed to convey to plaintiff Iowa lands, at the rate of ten dollars per acre.
The plaintiff, in his petition, sets out a copy of the bond given to him by defendant, which sets forth the contract as above stated, and claims that the Iowa lands were not what the defendant represented them to be, and that by means'of the…
2Cases cited1 opinion
- Hahn v. CummingsSupreme Court of Iowa · 1856
3Cited by6 opinions
- Stoke v. ConverseSupreme Court of Iowa · 1911
- Warfield v. ClarkSupreme Court of Iowa · 1902
- White v. SmithSupreme Court of Iowa · 1880
- Douglass v. MosesSupreme Court of Iowa · 1893
- Magoon v. GillettSupreme Court of Iowa · 1880
1 more not listed; retrieve them via the Exa API.