Kerr v. Steman
Supreme Court of Iowa
Appeal from Muscatine Oircioit Gourt. ActioN to recover damages alleged to have been sustained by reason of the fraudulent representations of the defendant, by which the plaintiff, Eliza A. Kerr, was induced to sell and convey certain real estate. The defendant moved that the plaintiff be required to make a more specific statement of the facts constituting the fraud. The court sustained the motion. The plaintiff elected to stand upon her petition.
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Appeal from Muscatine Oircioit Gourt. ActioN to recover damages alleged to have been sustained by reason of the fraudulent representations of the defendant, by which the plaintiff, Eliza A. Kerr, was induced to sell and convey certain real estate. The defendant moved that the plaintiff be required to make a more specific statement of the facts constituting the fraud. The court sustained the motion. The plaintiff elected to stand upon her petition. Judgment was rendered against her for costs, and she appeals.
1Opinion of the Court
Adams, Ch. J.
The petition shows clearly enough that the plaintiff was at one time the owner of certain real estate, consisting of a town lot and an undivided third of a tract of forty acres; that she employed the defendant to make an exchange of the same for other property; that he reported that he had negotiated an exchange, stating the terms, and she executed the required conveyances. The petition further *242states that the defendant made a false report, with intent to cheat and defraud her; but wherein the same was false does not appear. She should have set out in what the falsity consisted,…
2Cited by7 opinions
- Pease v. Citizens State BankSupreme Court of Iowa · 1929
- In Re Estate of KesslerSupreme Court of Iowa · 1931
- New York Life Insurance v. ClemensSupreme Court of Iowa · 1941
- Poole v. PooleSupreme Court of Iowa · 1936
- Huber v. St. Joseph's HospitalIdaho Supreme Court · 1905
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