170 Iowa 255 | Iowa | 1915
Plaintiffs owned 240 acres of land, and, on January 24, 1912, executed a lease thereof to the defendant from January 1, 1912, to March 1, 1913. By the terms of this lease, the tenant was to pay a rental of $960.00 and all
On cross-examination he testified that, when he paid the notes, he' paid them in full, less discount for the unexpired time on the last note maturing. “I wanted him to throw off $1.25 an acre for the land not plowed. He objected to it. There was something said about the manure. I told him how much I had hauled and how much I thought there was in there. I didn’t want to do anything about the manure then.”
The brother of the defendant testified as follows: “I was present when the defendant had a settlement with Mr. Bice at Walker on the 23rd of February, 1912. Was in the bank, my boy, myself and the defendant, and Mr. Hawkinson, the banker, was there. I talked some with Mr. Bice about the manure myself. He said he knew it was impossible to get that manure out in the fall the way the weather was. They had some talk about the hay. The defendant asked him to throw off on the hay and I heard him say that if he would throw off a ton or a couple of ton that it was going to be pretty hard to raise' the rent that he had to pay.' My brother spoke to him about the fall pasture and the condition of the
Hawkinson testified that he was the cashier of the bank and heard a part of the conversation. That he heard them talking about throwing off $1.00 an acre for the land not plowed, and some talk about hauling manure or failing to haul and other matters.
The appellant argues: first, that there was no consideration for any settlement; and second, that no agreement to settle the matters in dispute was made by the parties. The rent note was paid before maturity and, even though a discount was allowed, defendant was under no obligation to pay until it should become due. Of course, the discount was a consideration, but there may have been a consideration in addition to this, and if, as defendant contends, such additional consideration was the payment of the rent notes before maturity, then this would be ample to support the' satisfaction of the unliquidated claims held by plaintiffs against defendant. A more difficult question to be determined is whether the parties entered into an agreement of accord and satisfaction. If so, this must be inferred from the language employed rather than from express words having such-import. Undoubtedly they were discussing all matters now in controversy, but the most said from which an agreement could be inferred was by Bice, that he was satisfied. With what was he satisfied? The fair inference is that he was satisfied to allow the discount and receive the rent then instead of later. No offer of compromise had been made save by defendant, in attempting to procure an allowance of some of his claims, which Bice refused. There was no discussion • as to whether plaintiffs would waive their claim to damage's because of -the omission
But there was no evidence whatever of the auctioneer’s authority to make such a statement. Until property is struck off to the highest bidder, he is primarily the agent of the seller (McGrew v. Forsythe, 31 Iowa 179), but may not bind his principal, the seller, without special authority so to do. Monte Allegre, 9 Wheaton 616, 6 L. Ed. 175; Court v. Snyder, 2 Ind. App. 440, 50 Am. St. 247; Upton v. Suffolk Co.
As there was no evidence to show authority, we need not inquire what evidence would be sufficient to establish authority on the part of ah auctioneer to warrant. The’ court was in error in submitting this issue to the jury.
It was competent for the parties to enter into an oral agreement to lease for a term not exceeding one year, and according to the evidence they so did, but subsequently entered into a written agreement concerning all matters involved except that which must have been previously carried out, and we think it is purely a ease of a contract partly in parol and partly in writing. Fudge v. Kelly, decided at present term. The authorities seem quite generally to support this conclusion. Because of the errors pointed out, the judgment is— Reversed.