Peterson v. McManus
Supreme Court of Iowa
Appeal from Pottawattmme District Gourt. — Titos. Arthur, Judge. Ti-ie plaintiff and his assignors were induced by appellant McManus to enter into contract to buy certain Canadian lands of the Grand Trunk Pacific Land Company. The purchasers made payments upon the contract. Originally; this was a suit at law, praying judgment against defendant for the sums so paid. As a result of motions filed by appellants, the suit became, in effect, an attempt of plaintiff to rescind.
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Appeal from Pottawattmme District Gourt. — Titos. Arthur, Judge. Ti-ie plaintiff and his assignors were induced by appellant McManus to enter into contract to buy certain Canadian lands of the Grand Trunk Pacific Land Company. The purchasers made payments upon the contract. Originally; this was a suit at law, praying judgment against defendant for the sums so paid. As a result of motions filed by appellants, the suit became, in effect, an attempt of plaintiff to rescind. Tbe right to rescind was based upon1 assertion that fraudulent representations made by McManus bad induced the purchaser’s…
1Opinion of the CourtSalinger, J.
I. The plaintiff has a cross-appeal because the jury found against the claim assigned by Lowrey. In effect, the contention on this cross-appeal is: (1) That this verdict is not supported by the evidence, because fraudulent representations were made to Lowrey when the maker knew they were false; (2) that Lowrey relied upon these representations, and was induced by them to act, to his loss. This is included in the assignment that the court erred in overruling the motion of Lowrey for a new trial. We might dispose of it by pointing out that this motion contains many grounds, and that such an…
2Cases cited18 opinions
- Knappen v. FreemanSupreme Court of Minnesota · 1891
- Spaulding v. Chicago, St. Paul & Kansas City Railway Co.Supreme Court of Iowa · 1896
- State v. AsburySupreme Court of Iowa · 1915
- MacLaren v. CochranSupreme Court of Minnesota · 1890
- Miller v. MillerSupreme Court of Iowa · 1912
13 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Pinter v. DahlSupreme Court of the United States · 1988
- Jackson v. Chicago, Milwaukee, St. Paul & Pacific RailroadSupreme Court of Iowa · 1947
- Cady v. MurphyCourt of Appeals for the First Circuit · 1940
- Gordon v. BurrCourt of Appeals for the Second Circuit · 1974
- M. W. O'rieley, Trustee in Bankruptcy of Woerderhoff Shoe Co., Inc. v. Endicott-Johnson CorporationCourt of Appeals for the Eighth Circuit · 1961
21 more not listed; retrieve them via the Exa API.