141 Iowa 52 | Iowa | 1908
The plaintiff, who was born in 1861, began work as housekeeper for defendant, sixteen years her senior, in 1900. His wife, who was then an invalid, died in 1901. There were three .children, one away at school, and the others, aged sixteen and fourteen, at home. Plaintiff continued in his employment as housekeeper, with some intermissions, until June, 1906, and in September following this action for damages because of- his alleged breach of promise to marry her was begun. Such promise is said to have been made in June, 1903, to be consummated after his’ daughter had finished school in 1905, and performance
This instruction is- criticised (1) for exacting a finding of want of knowledge at the time of the alleged engagement, (2) in that a finding that the disease rendered plaintiff unfit for marriage is made essential, and (3) in that the jury are told that even though plaintiff was afflicted with the disease in 1904, if she was cured by the time fixed for the marriage, this would not excuse defend
Again, it is said that the fifth instruction permits the jury to consider self-serving declarations. If this be conceded, there was no evidence of such declarations introduced.
The judgment is affirmed.