180 Iowa 167 | Iowa | 1917
Recovery is sought against defendant on an account consisting of 54 items of merchandise and repairs. The sum of $20 had been paid, leaving $212.85, with interest from June 27, 1910, six months after the last item. The first 7 items, amounting to $81.75, were purchased by Wm. Gute, defendant’s son-in-law, who made the payment of $20, and all others by his son. Gute testified that defendant asked him to move on his farm, and, upon being informed that he did not have the tools, equipment and machinery to farm with, told him to procure such articles as lie' needed at the store of plaintiff and charge same to his account, and what he (the witness) could not pay, this defendant would pay for; and that,' as so directed, he purchased the 7 articles and caused them to be charged to defendant. This testimony was corroborated by defendant’s daughter. His son testified that he had purchased all other articles; that he had been told by his father so to do, and to have repairs as per the account, and to have such items charged to defendant’s account; that all said articles were taken to and used on defendant’s farm where the witness lived, except those purchased for witness’ use, which were bought and charged “with his parent’s” consent; and that the repairing charged was of defendant’s property. The plaintiff swore that he sold the different items on statements by the purchasers that defendant had authorized them to buy and have charged to his account, and that the items were so entered on his books. The defendant denied
There was no error, and the judgment is — Affirmed.