Legal Opinion

McDowell v. Caldwell

Supreme Court of Iowa

Decided April 12, 1902PublishedCited by 5 opinions

Appeal from Dickinson District Court. — Hon. W. B. Quad- ■ ton, Judge. Suit in equity for the specific performance of a contract for the sale of real estate. The trial court denied the relief asked, but rendered judglnent against defendant for tbe sum of $500; that being the sum named in the contract which either party should forfeit in case of failure to perform. Defendant appeals. —

1Opinion of the Court

Deemer, J. —

1 The ^making of a contract whereby defendant undertook to convey to plaintiff 240 acres of laird in Dickinson county, Iowa, in exchange for a stock of merchandise in the town of Allender, Osceola county, owned by plaintiff, is admitted; but defendant contends that the contract was procured by fraud and misrepresentation, in this: that plaintiff falsely and fraudulently represented: “First,that said stock of goods was a clean, good stock of goods; second, that said stock would readily sell for ninety cents on the dollar; third, that said stock was then worth ninety cents on the…

2Cases cited4 opinions

  1. Dorr v. CorySupreme Court of Iowa · 1899
  2. Hale v. PhilbrickSupreme Court of Iowa · 1875
  3. Gardner v. TrenarySupreme Court of Iowa · 1885
  4. Nixon & Co. v. CarsonSupreme Court of Iowa · 1874

3Cited by5 opinions

  1. New York Brokerage Co. v. WhartonSupreme Court of Iowa · 1909
  2. Hess v. McCardellSupreme Court of Iowa · 1918
  3. Hise v. ThomasSupreme Court of Iowa · 1917
  4. Evans v. PalmerSupreme Court of Iowa · 1908
  5. Muench v. BarnellSupreme Court of Iowa · 1913

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