Howard v. Pratt
Supreme Court of Iowa
Appeal from 8ac District Court. — Hon. Z. A. Church, Judge. Plaintive’, suing in equity, alleges that he and defendant entered into a contract of co-partnership, to carry on a farm, and also a mercantile business at Sac City; that each was to put in certain property at its actual cash value, and, to make up a difference against him, plaintiff was to put in a certain amount of cash; that defendant fraudulently overvalued the property by him contributed, and thus compelled…
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Appeal from 8ac District Court. — Hon. Z. A. Church, Judge. Plaintive’, suing in equity, alleges that he and defendant entered into a contract of co-partnership, to carry on a farm, and also a mercantile business at Sac City; that each was to put in certain property at its actual cash value, and, to make up a difference against him, plaintiff was to put in a certain amount of cash; that defendant fraudulently overvalued the property by him contributed, and thus compelled plaintiff to pay the sum of one thousand one hundred and sixty-six dollars and sixty-six cents more than he should. In…
1Opinion of the CourtWaterman, J.
1 *5362 *535It is difficult, if not impossible, to harmonize the claims made in the petition. While suing on .these contracts, the court is asked to annul them for fraud. (So also with the decree rendered by the trial court. While it annuls the contracts for fraud, it seems they were considered .as valid by the court for the purpose of making an accounting. Taking the pleadings-with the evidence, and we are of opinion that no real complaint is presented as to the making of the contracts, but only as to a failure to carry them out. Plaintiff admits that he knowingly and deliberately entered into the…
2Cases cited1 opinion
- Moffitt v. CresslerSupreme Court of Iowa · 1859
3Cited by4 opinions
- Jones v. J. C. Witousek & Co.Supreme Court of Iowa · 1901
- Marks Hat Co. v. SlatnikSupreme Court of Iowa · 1915
- Oakes v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1912
- Hogg v. ArmstrongWest Virginia Supreme Court · 1932