33 Iowa 113 | Iowa | 1871
Defendant’s counsel insist that, by measuring to 'the most distant part of the depot building, a distance greater than a mile by twenty-two and thirty-four one hundredths feet is found. In the absence of any showing that the parties intended to provide against such an inconsiderable variance, or that prejudice has or may result therefrom, we cannot regard it as an absolute failure of plaintiff to perform the condition in the obligation sued on, even were we to consider that every part of the depot building, under the contract, is required to be within a mile of the post-office. The law does not give importance to such trifling things, and, because of them, annul solemn contracts. De minimis non ourat lex.
We are of the opinion that the verdict, as to the point just considered, was clearly supported by the evidence. We recognize fully the rule, so often announced in this court, that it requires a clear case to authorize us to interfere with a ruling of the kind complained of — in fact a stronger case than will justify this court in reversing the decision of the court below in overruling a motion for a new trial. We think this case is fairly within that rule, and that the ruling of the circuit court cannot be sustained under it.
II. The circuit court, upon the trial, held that the distance from the post-office to the depot, under the contract, should be measured by a direct line. Defendant then, as now, insists that it should be by the nearest traveled route, and that the ruling of the circuit court upon this point is erroneous and, therefore, requires the order granting a new trial to be sustained. We think the view of the v circuit court, objected to by defendant, is correct. The
III. The defendant offered to introduce certain evidence in support of the defense pleaded, that the execution of the contract was obtained by'fraud of plaintiff. The evidence was not allowed, and defendant insists that its exclusion was erroneous. The record does not advise us as to the character of this evidence, further than it was of representations made by the agent of plaintiff; what these representations were does not appear. We cannot say that they were improperly excluded, or that their introduction in evidence would not have been improper. ,
In our opinion, the circuit court committed no error in the instructions, or other rulings, which required a new trial to be granted. The order directing the verdict to be set aside is reversed, and a judgment will be entered thereon in the court below.
Reversed.