Berkshire v. Peterson
Berkshire v. Peterson
Opinion of the Court
I. The defendant owned an unincumbered house and lot in Des Moines, occupied by him and his family, and worth one thousand dollars, as
We reach the very satisfactory conclusion that the plaintiff did not assent to the delivery of the deed in the technical sense, which made it effective as a conveyance, that he did not intend the title should pass until he had examined the land and approved it as corresponding with the defendant’s representations. The plaintiff clearly appears to be inexperienced in business; ignorant, if not dull; and, as honest men of that class always are, confiding, and the ready victim for a sharper. The defendant appears capable and awake to his own interest. The conclusion we have stated as to the plaintiff’s understanding of the contract is supported by admissions made by the defendant after the plaintiff returned from the land, to the effect that the trade had not been consummated, had fallen through, because the plaintiff did not approve the land, and that it was made subject to this condition. The defendant admits these statements, but accounts for them by declaring that he was requested by the plaintiff to make them, in order to cheat an agent who had a contract for commission for making the trade. His denial and explanation surely tend to impair his credibility. The plaintiff’s story is in the manner of a plain, confiding, dull and honest man. We accept it as entitled to more credit than the unnatural and unreasonable evidence of the defendant.
II. The plaintiff, upon visiting and inspecting the land, found that one end of it was a worthless sand
That the defendant represented the land as being worth twenty-five hundred dollars, when in fact it was not of the value of five hundred dollars, and that he knew it was not of the value he represented, we think is clearly established. The case is one whele the superior mind of the sharp trader gains an unconscionable advantage over a dull and confiding man. ‘The plaintiff, if the deeds be sustained, would lose his home, worth a thousand dollars, become indebted on a mortgage to the extent of one thousand and fifty dollars, and receive a tract of land worth five hundred ■dollars, which is useless for a home, the purpose for which he bought it. He becomes homeless and indebted five hundred and fifty dollars after applying the proceeds of the lands, if it will realize five hundred dollars, to the payment of the mortgage. In this court •of conscience, clear evidence establishing valid contracts must be introduced which will permit of no escape from their enforcement to justify the expectation of upholding them, when they work such grossly inequitable results. Whoever consents to stand upon such a •contract must be content to accept just what the strict letter of the law and justice will give him. He may have his pound of flesh, but not a drop of blood.
The decision of the district court is reversed, and the cause is remanded for a decree in harmony with this opinion, or, at the plaintiff’s opinion, such a decree may be entered here. Reversed.
Reference
- Full Case Name
- John. Berkshire v. O. F. Peterson
- Status
- Published