182 Iowa 684 | Iowa | 1918
This contract described the land as the W % of the SE yá of the section; and, though plaintiffs read it, both say that they did not notice that the description was of a different 80 than that described by Small and defendant, and did not notice this when the contract of purchase, duly assigned to them, was delivered, on December 1st of the same year. Both knew generally where what was known as the Weed 80 was located; but, as the improvements were on the south 40 acres, testified that they were not aware whether the other 40 was to the north or to the east, save as represented by Small and defendant; and, as Garner knew of the lay of the land to the east, he did not go to see it; but this last was, in a way, controverted. Both testified that they were not familiar with government descriptions: Garner, that he did not know the description of the Weed 80, and that he did not understand, from the description in the contracts, its location as other than as represented; Mrs. Garner, that she did not notice but that the description of the land was, as represented, — that she relied upon the honesty of defendant, but could, if she had given the matter sufficient attention, have figured it out. Defendant denied representing the land as testified to, and swore that the first time that such a thought had come to him was when the original notice in this case was served on him. He is somewhat corroborated by evidence of statements to Frazier in
“After Garner and I made our trade on the 17th or 18th of August, 1914, I walked out of the bank onto the sidewalk, and Johns met me. Johns and I went over to Garner’s right away after the trade between Garner’s and me. Q. You met him (referring to Johns) there, and you turned him over the contract you got from Garner, to Johns, didn’t you? A. Yes. Q. And Johns here gave you the Missouri Valley property he had gotten from Garner? A. Yes. • Q. Well, now then, Johns got the Missouri Valley property back from you, didn’t he? A. Yes, sir. Q. So Johns gets the whole thing, don’t he? A. Yes. Q. You were not a trader, — not a real estate man or a trader at all, — are you? A. No, sir. Q. Never had been? A. Never had been.”
Of course, many of the details have been omitted, our purpose being to set out no more of the record than necessary to show that the evidence was sufficient to carry the issue of deceit to the jury. The only debatable question is whether plaintiffs should be concluded by the descrip
It will be observed that the plaintiffs do not claim that either defendant or Small represented the lapd as a specified govexaxment subdivision, but, on the contrary, swore that they .referred to the land as the “Weed 80,” and described it as lying “east and west.” Gaxrner knew where tixe buildings on the Weed 80 were, and did xxot know whether it extended east and west, save as represented by the de
Several -of the instructions are criticised; but, as no objections thereto were interposed prior to filing a motion for new trial, and no showing made for not so doing in said
The record is without reversible error, and the judgment is — Affirmed.