Magnusson Agency v. Public Entity National Co.-Midwest

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that the party seeking recovery on the basis of the contract has the burden of proving the existence of a contract in the first instance
• explaining that, under Iowa law, the plaintiff must allege and prove that the defendant did not have the intent to perform at the time that a promise was made for a fraud claim based on broken promises to lie
• listing these items as the first three elements of a breach of contract claim
• “All contracts must contain mutual assent[, and t]his assent is usually given through an offer and acceptance.”
• “[A] false statement innocently but mistakenly made will not establish intent to defraud unless the statement was recklessly asserted.”
• “Generally, a breach of contract, even if intentional, is insufficient to support a punitive damage award.”

Source: CourtListener parenthetical corpus (CC0).