24 Iowa 394 | Iowa | 1868
The plaintiff exchanged his house and lot in Washington, with defendants, for their land in Union county. The defendant T. B. Moore had actual knowledge of the location and quality of the lands, having then recently been upon and examined them. The plaintiff was induced by defendant to make the exchange, relying upon his representations as to the situation, quality and value of the lands. The plaintiff had no knowledge whatever as to them. Shortly after the trade, the plaint
But it is reasonably clear from the proof, that the plaintiff, before bringing this suit, both expressed and manifested his willingness and ability to restore to defendants all he had received frotó them in the exchange,
The counsel for appellants insist, in their argument, that “ plaintiff tenders back $200, but the District Court makes no mention of it in the decree, and it is to be presumed the court did not intend that defendants should have it.” Not so, but being duly tendered, the defendants- would be entitled to it upon performing the condition upon which the tender was made, as the judgment requires them to do. If the money was not, in point of fact, duly tendered and brought into court for the defendants, the District Court will make such orders, as may be necessary to secure its repayment to them.
Affirmed.