King-Yessler Real Estate Co. v. Messer
Supreme Court of Iowa
Appeal from Cedar Rapids Superior Court. — C. B'. Robbins, Judge. Action brought in equity for an accounting, and for damages against defendant -as the alleged agent of plaintiff. Plaintiff corporation is the assignee of William King, W. E. Yessler, and W. A. Hubbard; the last named parties are the persons who, it is claimed, made the contract with defendant.
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Appeal from Cedar Rapids Superior Court. — C. B'. Robbins, Judge. Action brought in equity for an accounting, and for damages against defendant -as the alleged agent of plaintiff. Plaintiff corporation is the assignee of William King, W. E. Yessler, and W. A. Hubbard; the last named parties are the persons who, it is claimed, made the contract with defendant. Hereafter, for convenience, we shall refer to the said three parties as plaintiff, instead of saying each time, plaintiff’s assignors. The case was tried in equity, and, after a full trial] the petition was dismissed on the merits, and…
1Opinion of the CourtPreston, C. J.
Plaintiff’s claim is that its assignors employed defendant about March 17, 1913, to purchase for them certain particularly described property in Cedar Rapids, otherwise known as the Pullman House; that defendant agreed to get the property for them as cheap as he could, but assured them that it could not be bought for less than $45,000; that defendant falsely and fraudulently represented that the lease on the property had run out, and that the party occupying it was only a tenant at will, and further, that the $15,000 mortgage could be taken up at any time, without additional expense; that…
2Cases cited2 opinions
- Lavalleur v. HahnSupreme Court of Iowa · 1911
- Lavalleur v. HahnSupreme Court of Iowa · 1914