135 Iowa 11 | Iowa | 1907
The facts about which there is no substantial dispute in the evidence may be sufficiently stated as follows: In the summer of 1902, plaintiff, who was engaged in business in Newton, having formerly owned and for many years lived upon a farm of considerable size in the same county, was solicited by the defendant Wells, who was the agent for the sale of lands in Arkansas, to go to the latter State to look at certain lands, with a view of exchanging property of plaintiffs for land in that State. Wells was a young lawyer, who had on one occasion transacted one item of law business for the plaintiff. About the same time, defendant Morton was similarly solicited by Wells to visit Arkansas for the same purpose, and arranged to make the trip; and plaintiff, partly influenced by the fact that Morton, who was also a merchant in the same town, was going, consented to become one of the party of three, consisting of Wells, Morton, and himself, who went in October to inspect lands held for sale by one Price, as agent. Price met the party in Arkansas, and showed them various tracts of land, and negotiated an exchange of a four hundred and eighty-acre tract to plaintiff for two lots in Newton, valued, with the buildings thereon, at $7,000, certain agricultural implements valued at about $1,000, and the notes of the plaintiff to the amount of about $4,000; the Arkansas land being valued at
The wrongful acts on the part of defendants, which are insisted .upon by plaintiff, include substantially an abuse by the defendants of confidence reposed in them by plaintiff, a conspiracy between defendants and Price, as against plaintiff, to defraud him, by putting an inflated price on the Arkanses land, and a breach of trust, in putting the title to plaintiff’s lots beyond his reach by conveying to an innocent purchaser; and the facts which are relied upon as tending to show injury to the plaintiff are the excessive value at which plaintiff was induced to take the Arkansas land, and the conveyance by Wells, through Morton, to the innocent purchaser, of plaintiff js lots at a valuation greatly exceeding that at which Wells took the lots from Price.
As to Morton, he was, so far as plaintiff knew or had reason to suppose, a fellow prospective purchaser, and plaintiff was not justified in relying upon anything that he said or did; and, so far as the original transaction is concerned, Morton is in no way involved, unless with the purpose of carrying out a conspiracy he said or. did something in Arkansás with fraudulent purpose to injure the plaintiff. All that he said and did, so far as the evidence for plaintiff tends to show, was to advise plaintiff to consummate the deal on terms somewhat more advantageous to plaintiff than those which he finally seci^red, and to induce plaintiff to believe that he (Morton) was negotiating for the purchase of another tract of land, through Price’s agency, inferior in quality to the land which plaintiff secured, and at a higher price per
With reference to Price, the only evidence relied on tending to show a conspiracy is the excessive value placed by him on the land traded to plaintiff, and the subsequent recognition of such excessive valuation in transferring to Wells for $2,500 plaintiff’s lots, which had been estimated in the exchange at $7,000. The mere fact of trading his land to plaintiff at an excessive valuation would not constitute fraud, neither would it in itself tend very strongly to prove a conspiracy. ‘ *
The gist of the plaintiff’s case is that Wells induced Price to put an excessive value on his land, on the theory that plaintiff had placed a like excessive valuation on his lots in exchange, and then procured plaintiff’s lots from Price at a valuation much below what they were really worth, and the measure of recovery which plaintiff insists upon as against Wells and Morton is substantially the difference between what Wells took these lots for from Price, and what they
On the whole evidence, were there nothing else involved in the' case than the question of conspiracy, we should be fully satisfied that plaintiff fails to make out the conspiracy charged, and is entitled to recover no damages from defendants on account thereof. On this question the subsequent conduct of plaintiff is almost conclusive. Before he had finally consummated his trade with Price — that is, before Price had carried out the terms of the contract on his part by furnishing an abstract to the Arkansas land, so as to become entitled under plaintiff’s theory to a deed to plaintiff’s lots —■ plaintiff executed his deed to Wells, was advised by the recording of that instrument and another conveyance by Wells to Morton of the fact that Wells was treating the property as his own, and assisted Morton in finding a purchaser for the lots, to whom plaintiff was bound to assume that Morton would convey them without possibility of subsequent recourse, so far as the lots were concerned on plaintiff’s part, and then, without the knowledge of Wells and Morton, who are now sought to be charged with the damages resulting from any wrong on the part of Price, he entered into a new-arrangement with Price, reconveying to him the Arkansas land in exchange for other property, and securing the surrender of his purchase money notes. This last transaction was, as already indicated, on a subsequent visit to Price, after plaintiff had had the fullest opportunity to know whether or not he had been defrauded. If plaintiff desired to hold defendants responsible for any conspiracy or fraud to which they had been parties, he should have rescinded the transaction on the discovery of the fraud, and not without their knowledge placed it beyond his power to secure a redress, which would have been substantially effectual as against Price, a party to the conspiracy.
Many of the depositions had been taken in Arkansas, at plaintiff’s instance, involving the presence there of defendant’s attorney, and defendants had also taken depositions in that State on their own behalf. Defendants would have had a right to continuance to procure the personal presence of their witnesses from outside the State, if they so desired, and the court was not bound to protract the litigation in order to give plaintiff the opportunity of securing a trial at law. As a matter of fact, although plaintiff had from the beginning been demanding equitable relief, there was no equitable relief available to him when his action was first instituted,' nor at
We reach the conclusion that the decree of the trial court is correct, and it is affirmed.