123 Iowa 340 | Iowa | 1904
A misunderstanding of the issues in this case led to an order granting a rehearing, and reargument of the case has now been had. We find the contention of plaintiff as made in his petition to be that at the time of the mak
III. Counsel for appellant insists that in any view of the case as made by -the record, the judgment was not warranted, and we are asked not only to reverse, but to order judgment in its favor. This we are not disposed to do. Had there
We conclude that the judgment must bo reversed, and the case remanded for a new trial. — Reversed.