Holcomb v. Hoffschneider
Iowa Supreme Court
297 N.W.2d 210 (1980)
Dean Olson, a salesman for C.B. Property Sales (defendant), listed property for sale on behalf of Dorothea A. and John Hoffschneider (defendants). The listing stated that the property consisted of 6.8 acres. James R. and Jacquelyn Holcomb (plaintiffs) attended an open house for the property, at which time Olson had the Holcombs walk the property boundaries. Olson showed the Holcombs the listing and guaranteed that the property contained at least 6.6 acres. The Holcombs purchased the property for $54,000.00. The Holcombs thereafter learned the property actually consisted of 4.6 acres and brought a tort action for fraudulent misrepresentation against the defendants. The jury found in favor of the Holcombs. The defendants argued that the Holcombs did not rely on Olson’s representations because they were aware of the actual boundaries of the property.
Rule of Law
Holding and Reasoning (Uhlenhopp, J.)
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