76 Iowa 325 | Iowa | 1888
— It appears from the averments of the petition that the plaintiff conveyed to the defendant sixty-four acres of land, by a deed of warranty ■ in the usual form. Said land was situated in Washington county, in this state. As a consideration for said land, the defendant at the same time conveyed to the plaintiff, by a like deed, one hundred and sixty acres of land, situated in the state of Kansas, and paid to plaintiff the sum of one hundred dollars. That said conveyances were made and money paid in pursuance of a prior parol agreement between the parties, in which the defendant guarantied and warranted the Kansas land to be good land, free from alkali, “buffalo wallows” and other bad
The sole question to be determined by the appeal is whether the deed to the Kansas land precludes the plaintiff from recovering damages on a prior parol warranty of the quality of the land. That the defendant would be liable for deceit, in making fraudulent representations as to the quality of the land, there can be no doubt. Clark v. Ralls, 50 Iowa, 275. Where there is a bill of sale of personal property, being a written contract between the parties, it is not allowable to show that, in addition to the stipulations therein contained, there was a prior or contemporaneous parol warranty. Mast v. Pearce, 58 Iowa, 579; Reed v. Wood, 9 Vt. 285; Jolliffe v. Collins, 21 Mo. 341; Lamb v. Crafts, 12 Metc. 353. The rule rests upon the familiar principle that the writing is supposed to contain all of the contract between the parties, and that it cannot be added to nor varied by parol. But we think no such rule can properly be held applicable to the ordinary conveyance of real estate. It is the mere transfer of the title — a delivery, so to speak — of the subject of the contract. It is the act of but one of the parties, made pursuant to a previous contract, either in parol or in writing. In Trayer v. Reeder, 45 Iowa, 272, it is said: “The deed is evidence of the final consummation of some contract previously made, but is not evidence of the contract.”
Reversed.