179 Iowa 712 | Iowa | 1917
While the action Avas begun in equity, the issue as presented in its final form Avas purely legal in its nature. The evidence tends to shoAV, .that, while negotiations for the exchange were pending, it was knoAA-n and understood by both parties that, the drainage improvement Aims in contemplation, and that some of the preliminary ■ steps to that end had been taken. The defendant also admits that his offer as originally made for the -exchange included the understanding that he was to assume the ditch tax if one Avas finally assessed, but he contends and testifies that this offer was not accepted, -and that the exchange as eventually agreed upon was with the express stipulation that he Avas to receive conveyance of the IoAva land free and clear from all liens and incumbrances except the existing, mortgage of $7,000, and that the ditch lien, if any, was to be removed by the plaintiff. Without taking time to recapitulate the testimony, Ave are of the opinion that, upon this issue of fact, the preponderance of evidence is Avith the plaintiff.
It follows that the judgment of the district court ought to be and is — Affirmed.