Gray v. Sanborn
Supreme Court of Iowa
Appeal from Polio District Court. — W. S. Ayres, Judge. Action at law, to recover damages for false and fraudulent representations, made by M. J. Sanborn, regarding lands in Kansas and in Decatur County, Iowa, in negotiations for an exchange thereof, for lands owned by plaintiff in this state. After the action was commenced, M. J. Sanborn died, and his wife, who was appointed his administratrix, was substituted as defendant.
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Appeal from Polio District Court. — W. S. Ayres, Judge. Action at law, to recover damages for false and fraudulent representations, made by M. J. Sanborn, regarding lands in Kansas and in Decatur County, Iowa, in negotiations for an exchange thereof, for lands owned by plaintiff in this state. After the action was commenced, M. J. Sanborn died, and his wife, who was appointed his administratrix, was substituted as defendant. We shall speak of the deceased in this opinion as if he were still defendant. Defendant denied the alleged fraud, although he admitted the making of the contract of…
1Opinion of the CourtDeemer, J.
*459, „ , . ing: variance, *458I. The contract of exchange was in writing, and was finally consummated about June 7, 1912, the *459lands involved being a tract in Thomas County, Kansas, and
another in Decatur County, Iowa, heretofore owned by defendant, and another tract in Dickinson County, Iowa, owned by plaintiff. All the lands were encumbered somewhat heavily, and no values were placed upon, the same in the contract. Plaintiff agreed to give his land in Dickinson County and $1,900, in exchange for defendant’s lands in Iowa and Kansas, and the encumbrances were especially taken care of in the contract.
P…
2Cases cited21 opinions
- Hard v. LeurendusNew York Court of Appeals · 1890
- Seymour v. . WilsonNew York Court of Appeals · 1856
- Endsley v. JohnsIllinois Supreme Court · 1887
- Boddy v. HenrySupreme Court of Iowa · 1901
- Fisher v. MellenMassachusetts Supreme Judicial Court · 1870
16 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- O'Brien v. BieggerSupreme Court of Iowa · 1943
- Reynolds v. HenrySupreme Court of Iowa · 1921
- Wells v. WildinSupreme Court of Iowa · 1938
- Smith v. Middle States Utilities Co. of DelawareSupreme Court of Iowa · 1937
- Callahan v. WolfeIdaho Supreme Court · 1965
10 more not listed; retrieve them via the Exa API.