107 Iowa 376 | Iowa | 1899
I. The defendant sold and delivered to the plaintiff firm, for the consideration of three hundred and
The defendant’s first contention is that the court erred in admitting evidence over his objection tending to show a verbal contract. There is evidence tending to show that this writing was made out at the time of the sale, but not signed by the plaintiffs, and there is a conflict as to whether it was accepted hy them. The court instructed that it was claimed by the plaintiffs that the contract was in parol, and by the defendant that this writing was the contract, and that “it is for the jury to determine the truth as to that; and, in determining that question, you should consider the testimony of the witnesses, and all the circumstances bearing upon the question. If you find that said original written matter, called by the defendant the 'written contract,’ was made by the parties to this action, and was seen, read, and understood by them, at the time of the payment of the money, or before, and they assented to or did not object to the statements therein contained, even though the same may not have
II. Objections are urged to the statement of the-issues as made by thg court. The statements are in accord with the pleadings, and, while it is true they do refer to allegations that were not submitted to the jury because of there being no proofs, there was no prejudice from the reference made to these allegations.