Most v. Norton
Most v. Norton
Opinion of the Court
By the terms of a written contract, entered into between plaintiffs, George H. Most and wife, who resided near Atlantic, Gass County, Iowa, and defendants, who resided near Anita in the same county, executed on December 6, 1915, plaintiffs agreed to convey to the defendant Sarah G. Norton a 40-acre tract ef land, located in Cass County, Iowa, incumbered by mortgages aggregating approximately $5,700, together with another tract of 191 acres, situated in Sully County, South Dakota, incumbered by a mortgage for $650, in exchange for a tract of 141 acres situated in Clarke County, Iowa, and incumbered for $10,-000, and an 80-acre tract situated in Scotts Bluff County, Nebraska, on which plaintiffs agreed to assume a mortgage for $1,000, due March 1, 1918, at 7 per cent. On December 9th, deeds were executed by the respective parties, as required by the contract, and deposited with the defendant L. W. Niles, cashier of the Atlantic National Bank, to be held by him until January 1, 1916, when they were to be delivered to the parties entitled thereto. The contract further required the defendant Sarah G. Norton, on delivery of the deed conveying the Cass County and Dakota land to her, to pay plaintiffs $1,000 in cash. Possession of all land was to be given March 1, 1916.
Plaintiffs allege in their petition that they were induced to sign the contract by false and fraudulent representations made to them by Sarah G. Norton, as to the character and value of the Nebraska and the Clarke County
As is usual in cases of this character, the evidence as to the alleged fraudulent representations and the value of the
Negotiations for a trade were begun by the parties in the latter part of November, 1915; and shortly thereafter, plaintiff George H. Most, accompanied by Baxter, went to Osceola, via Deg Moines, to inspect the land, and were met upon arrival at Osceola by Mrs. Norton. The parties attended a revival meeting together during the evening, and Baxter and plaintiff occupied the same room at a hotel in Osceola, got up about the same time the next morning, and, immediately after breakfast, went in an automobile with a liveryman to inspect the" 141-acre farm. The inspection, apparently, was not very thorough. The parties did, however, see the buildings, and observed generally the character and location of the farm. They returned to Osceola in time to catch a west-bound train, at about 10 o’clock A. M. They went together to Omaha, Nebraska, and looked at a residence, incumbered for $1,800-, which Mrs. Norton wanted to put in on the trade.
The contract wa-s drawn up and signed by the defendant George H. Most at his home on the evening of December 6th, in the presence of Baxter, Mrs. Norton, and a brother of the latter’s. On December 9th, Mrs. Most signed the contract in the office of a real estate agent at Atlantic, and on the same occasion, all of the necessary deeds were executed by the respective parties. Plaintiff testified that Mrs. Norton had previously told him that the Nebraska land was incumbered for $1,000, but it later developed that the land was not incumbered, and plaintiff and wife, on
Notwithstanding her denial, and the testimony of other witnesses who were present when conversations were had between her and the plaintiffs, the evidence quite satisfactorily shows that Mrs. Norton was claiming to others that she paid $160 per acre cash for the land, and this fact tends to corroborate plaintiff’s testimony that she so stated and represented to him. It also appears without conflict that the land was conveyed to her in exchange for a small stock of merchandise, which was purchased and traded by her and her brother, without invoicing.- Plaintiff testified that defendant informed him that the Clarke County land was leased for $6.50 per acre, and that there were 20 acres of winter wheat thereon. This is denied by her, and the evidence shows that, if the representation was made, it was not true. She also denied all of the material allegations of plaintiff’s petition relative to the Nebraska land, and testified that she informed plaintiff that she had never seen it, and obtained her information concerning the same from others. Plaintiff, however, testified that she did, in fact, make all of the representations charged.
One witness called by defendant testified that the Nebraska land was worth $é5 per acre; on the other hand, several witnesses called by plaintiff, some of whom resided at Scotts Bluff, near the land in question, testified that it was worth from $5 to $12 per acre. Defendants’ witnesses fixed the value of the Dakota land at from $15 to $20 per acre, and plaintiffs’, at $30. Defendants’ witnesses fixed the value of the Clarke County land at from $100 to $115; whereas plaintiffs’ witnesses testified that it was worth from $60 to $90, and one witness said $100 per acre. The evidence of plaintiffs’ witnesses as to the value of the Ne
At the time of the trial, the Clarke County land Avas incumbered by a lease for a term expiring March 1, 1917, and it appeared that defendant could not deliver possession of the farm to plaintiff March 1st; but after the submission of the case, and before a decree was entered, defendants filed in the office of the clerk a written relinquishment of the lease, and paid $1,000 to the clerk, which was agreed upon as a part of the consideration for the exchange. II Avas not shown, however, that possession has been delivered to defendant.
We have refrained from an extensive recitation or re
The decree of the trial court canceling and setting aside all of the instruments signed and executed by plaintiffs is fully supported by the record, and meets with our approval, and is, therefore, — Affirmed.'
Case-law data current through December 31, 2025. Source: CourtListener bulk data.