112 Iowa 176 | Iowa | 1900
I. Defendant’s first contention is that fbo agreement was for an exchange of properties, that it was fully executed, and that by tbe transaction title to tbe mares passed to tbe plaintiff, and title to the land to tbe defendant. If this is true, clearly tbe plaintiff cannot maintain this action, as in that case tbe land is fully paid for, whether avc call tbe transaction a sale or exchange. Plaintiff claims
II. It will be observed that the verdict is in favor of the plaintiff in the sum of $2,000, “with interest at six per cent, from demand of mares • up to present time,” and that in rendering judgment the court computed the interest at $193.33; and of this the appellant complains. As for the reason already stated the judgment must be reversed, and as this contention will not arise on a retrial, wo do not further consider it. Our conclusion is that, for the reasons stated, the judgment of the district court must be REVERSED.