151 Iowa 429 | Iowa | 1911
The grounds of rescission alleged' in the petition are that defendant falsely and fraudulently represented to plaintiff that the farm of about one hundred and thirteen acres, situated a few miles southeast of Ottumwa, which defendant exchanged to plaintiff for the hardware stock of the latter located in Fairfield, consisted of good prairie land worth $65 per acre in cash,- that he had had an opportunity to trade said farm to another party for $70 per acre, and that the farm was mortgaged to an Ottumwa bank for $3,400. It is further alleged that when this exchange was made plaintiff was to defendant’s knowledge not acquainted with the character or value of the farm, and was dependent for his information with reference thereto upon the statements of defendant. It is further alleged by way of ground for rescission that by a conspiracy in which defendant and a firm of real estate dealers known as Judd Bros., and one J. F. Sloan, were parties, plaintiff was induced to make the exchange in the belief that Judd Bros, as agents for plaintiff had effected a sale of the farm to Sloan, a responsible purchaser, misrepresented to be a farmer in Davis county, at $70 per acre for cash. All the allegations, of plaintiff’s petition were denied by defendant, but, after hearing the
But direct and uncontradicted evidence of conspiracy is not required to make out a case of this kind (Hanson v. Kline, 136 Iowa, 110), and we'are justified in passing on the credibility of witnesses to give considerable weight to the conclusions reached by the trial judge who had the witnesses before him, and was in a better position than this court can possibly be to estimate the weight to be given to their testimony so far as it was in conflict. Wilkie v. Sassen, 123 Iowa, 421; Mosher v. Goodale, 129 Iowa, 719; Whitley v. Johnson, 135 Iowa, 620.
After directing Jordan to close the contract with Sloan, plaintiff on the same day entered into a written contract with the defendant for the exchange of the hardware stock for the farm, in which it was recited that defendant agreed to sell and convey the farm above referred to for the consideration of $7,910. The plaintiff agreed to sell and transfer by bill of sale his hardware stock to be invoiced at the present wholesale price, five percent to be added for carriage. It was further
As to the bona fides of the entire transaction on plaintiff’s part,. there can • be no serious question. It is indi
Defendant’s fraud is made out by proof of his misrepresentations as to the character and value of the land with knowledge that plaintiff had had no opportunity at the time the contract was made to investigate such character and value; that defendant brought about the negotiations between plaintiff and Judd Bros, with the evident purpose of having the latter represent to the plaintiff that the land was worth at least $65 per acre, and that they had a purchaser for it at $70 per acre, and that Judd Bros., acting covertly as defendant’s agents, but ostensibly as agents for plaintiff, procured the contract with Sloan for the sale to him of the land at $70 per acre, well knowing that he would be unable to carry out the contract. That Judd Bros, well knew Sloan to be financially irresponsible clearly appears from the circumstances of the whole case. He was not a farmer residing in Davis county, owning forty acres of land, but he was and for many years had been a resident of Ottumwa, with no property of which he or the Judds could give any account except an equity worth $200 in a residence lot in Ottumwa. Sloan as a witness defended the bona fides of his purchase on the theory that he was a real estate dealer, and that he
We reach the conclusion that the record supports the findings of the trial court, and the judgment therefore is affirmed. ,