100 Iowa 569 | Iowa | 1897
I. The learned district judge found as follows: “(1) That defendants executed to plaintiff the notes and mortgages alleged in the petition. (2) That said notes and mortgages were given in consideration of what is known as one of‘ plaintiff’s No. 32 establishments, sold by plaintiff to Leonard Lawson, under a written contract, a copy of which is attached to defendants’ second amendment to answer. (3) That defendants have failed to establish that said contract was obtained by such false representation on the part of plaintiff, as to entitle defendants to avoid or rescind the same. (4) That, by the express terms of said written contract, said machinery was sold, ‘subject solely and only to the warranty printed below’; and that thereby all other warranties, whether express, or implied, are excluded. (5) That the1 establishment sold to said defendant Leonard Lawson consisted of a traction engine, a separator, a water tank, a weigher and elevator, and other things incident to a complete steam, threshing outfit. (6) That said separator complied with all the terms of the written contract. (7) That it was provided by said written contract that, ‘when engine and thresher
Appellants cite Fletcher v. Arnett (S. D.) 57 N. W. Rep. 915. The ruling is well summarized in the headnote, as follows: “A contract on the part of father and son to convey land owned by the father individually, and land owned by the son individually, to a party who agrees to convey a tract of land on which there was a mortgage, but who agrees to pay off and discharge said mortgage, and pay one thousand and forty dollars cash, constitutes an entire contract, although there may be a clause in the contract that in case the mortgage is not paid off, and the one thousand and forty dollars cash not paid, the deed to the land conveyed by the father shall be returned, and the party’s right to such land be forfeited.” An examination of that contract shows that it does not contain any similar provisions to those found in this contract, and that the decision is not in point in this case. Baird v. Boehner, 77 Iowa, 622 (42 N. W. Rep. 454), also cited, was a civil action for seduction. Defendant set up a contract of settlement, whereby, in consideration of a sum to be paid, plaintiff agreed to leave and to stay away from Malvern for one year, and to “waive all claims, both criminal and civil,” against the defendant. The court held the agreement to waive all claims “criminal” to be illegal, and that the contract was not severable. The court says: “If plaintiff should