146 Iowa 436 | Iowa | 1910
Plaintiff alleged in her petition the purchase through defendant, as officer and agent of the La Cruz Plantation Company, of fifteen shares of the capital stock of said company of the par value of $100 per share, and that defendant, as a part of .the transaction, executed and delivered to her the following written statement: “Webster City, Iowa, June 8, 1903. I hereby agree to sell or cause to be sold for Mrs. Aken, fifteen! shares of the stock known as the La Cruz Plantation Company stock, to net her seventy-five cents on the dollar, within one year from date. J. E.' Clark.” She further alleged demand on defendant, within the time specified in the contract, of the performance thereof, and failure of defendant to perform, and that at all times since the purchase of said stock it has been worthless and of no value. Recovery of damages in the sum of $1,125 was asked. A demurrer to the petition having been overruled, defendant in answer admitted the execution of the writing, but denied consideration, and substantially denied the other allegations of the petition.
The evidence tended to show that defendant solicited plaintiff to purchase shares in the first $60,000 . of stock to be issued by the plantation company under an arrange
Appellant’s motion, submitted with the case, ¿to strike appellee’s amendment to abstract, is overruled.
The judgment is affirmed.