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supremecourtofiowa

Supreme Court of Iowa. SYESTER v. BANTA 1965 SNELL, Justice. This is a law action seeking damages, actual and exemplary, for allegedly false and fraudulent representations in the sale of dancing instruction to plaintiff. From the final judgment entered after a jury verdict for plaintiff in a substantial amount defendants have appealed. Plaintiff is a lonely and elderly widow who fell for the blandishments and flattery of those who saw some ‘easy money’ available. Defendants are the owners of the Des Moines Arthur Murray Dance Studio. They have a legitimate service to sell but when their selling techniques transcend the utmost limits of reason and fairness they must expect courts and juries to frown thereon. In this case the jury has done so. Since the beginning of recorded history men and women have persisted in selling their birthrights for a mess of pottage and courts cannot protect against the folly of bad judgment. We can, however, insist on honesty in selling. The old doctrine of caveat emptor is no longer the pole star for business. ? Much of the testimony was uncontradicted. The testimony as to intentional fraud and misrepresentation as well as the motive and credibility of some witnesses was attacked but these were questions for the jury. It was for the jury to say who should be believed. ? It is not for us to say who should have prevailed with the jury. It is for us to determine the sufficiency of the admissible evidence to generate a jury question and the correctness of the instructions given the jury. We will mention only as much of the testimony as is necessary for that purpose. Plaintiff is a widow living alone. She has no family. Her exact age does not appear but a former employee of defendants and a favorite dancing instructor of plaintiff testified ‘that during the period from 1957 through the fall of 1960 she was 68 years old.’ After her husband’s death plaintiff worked at Bishops as a ‘coffee girl.’ She first went to the Arthur Murray Studio in

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