93 Iowa 157 | Iowa | 1894
Tbe contract which is the foundation of the suit reads as follows:
“Lohrville, Iowa, July 11, 1890. This is evidence that I have this day sold to H. S. Brown, to be delivered in Lohrville, Iowa, 1890, 2,000 bushels of good, sound, merchantable white oats, for which I am to. receive 19 cents per bushel on delivery at Lohrville. I hereby acknowledge tl^e receipt of f 10, delivered in August, 1890. Void if crops fail.
“Johít Ross.
“His Mark (X) David Shaekey.
“Delivered on above contract, 850 bushels on 20th.”
The plaintiff alleged that defendant failed and refused to deliver one thousand one hundred and fifty bushels of the oats called for by the contract, and before the expiration- of the year 1890 oats were worth in the market at Lohrville forty cents per bushel, and that he was damaged, by reason of defendant’s failure to deliver the oats, the sum of two hundred and forty-one dollars and twenty-five cents, for which amount he asked judgment, with interest. The answer of defendants denied the signatures to the contract, alleged that it had been altered after its execution by erasing the name of the obligee and inserting that of plaintiff, and averred that plaintiff was not authorized to buy grain in his own name, by reason of his relations as agent to a Chicago firm. The jury returned a verdict for plaintiff in the sum of two hundred and fifty dollars and forty-six cents, on which judgment was rendered.
II. The instructions given by the court with reference to defendant’s signature to the contract, and with reference to the alterations pleaded, are not complained of. But it is insisted that the court erred in not allowing defendants to show that plaintiff had no authority to make the contract in his own name, and also in instructing the jury that they had nothing to do with the plaintiff’s violation of contract with his principal, and in further instructing them that plaintiff might recover on the contract although he was acting
III. Error is assigned on the rulings of the court in the admission and rejection of testimony. We have examined all these rulings, and see no error. What we have said sufficiently indicates our views on the questions presented.
IY. It is insisted that the verdict is not sustained by the evidence, and that it is for more than the amount claimed in the petition.. We think there is evidence to support the verdict, and that it is not in excess of the amount claimed. The petition was filed some time in February, 1892, and it asked judgment