72 Iowa 80 | Iowa | 1887
I. The plaintiff traded to defendant Budd 416 acres of land in Emmet county for stock in the Eord Coal & Mining Company, of the par value of $5,810, estimated in the trade at eighty per centum of its face. The lands were subject to mortgages amounting to $2,500, and, after deducting the amount of the incumbrances, which were to be paid by Budd, were worth the estimated value of the stock. Plaintiff claims that, through the false and fraudulent representations of Budd as to facts affecting the value of the stock, he was induced to make the trade, accepting the stock in payment upon the land at eighty per cent of its par value, when in truth it was worth no more than ten cents on the dollar.
Defendants also insist that plaintiff’s offer to retransfer the stock is not sufficient. -But no objection of this kind was raised by the pleadings, or urged in the court below, so far as we are able to discover. Plaintiff in his petition does not offer to make the transfer of the stock. We discover no prejudice which can result to defendant if plaintiff file with the clerk of the court proper assignments of the stock certificates before the reconveyance to him of the lands is made by defendants, or before the deeds to defendants are canceled. The decree should so provide.
The cause will be remanded to the court below for a decree in harmony with this opinion. Defendants will pay all the costs made in the case in both the court below and upon this appeal. Affirmed.