180 Iowa 754 | Iowa | 1917
The payee of the note sued on was the National Fence Supply Company. The note bore date of June 23, 1913, and matured January 1, 1914. The consideration for the note was represented by two written
“Exhibit A.
“1912 Issue
“A. W. Hiner, Secretary. Chas. Kubach, Gen. Mgr.
“National Fence Supply Company,
“Wichita, Kansas.
“Manufacturers and Dealers in Concrete Fence Tost Supplies.
“General Agency Agreement.
“Know all men by these presents: That the National Fence Supply Co., of Wichita, Kansas, has, this 23rd day of June, 1913, constituted and appointed M. L. Burt, of Bedford, Iowa, their true and lawful general agent, to sell the multiple molds to manufacture the reinforced concrete fence posts; .also to appoint agents to sell the said molds in the following territory, to wit: Decatur, Wayne, King-gold Counties, all in Iowa.
“This indenture witnesseth that, for and in the sum of $1,000.00, receipt of which is hereby acknowledged, the said National Fence Supply Co. hereby agrees to give and does give to the said agent two sets of multiple molds for demonstrating purposes, and the exclusive agency in the above named territory as long as his business shall amount to $288 per year, not to exceed five years.
“It is hereby further agreed and understood that, as a . part of the above consideration, the said company hereby agrees to furnish to the said agent all additional multiple molds at $2.50 per set on board the cars at factory. The said agent shall make a report to the said company at the end of each and every month. The said company hereby further agrees to take notes when the same are quoted good at local banks. All railroad rights reserved.
*756 “It is hereby agreed that the foregoing contains the entire contract between the parties hereto.
“Ship to ............ By E. S. Burns.
“P. O. Bedford, Iowa. M. L. Burt.
“Gen. Agent.”
“Exhibit B.
“A. W. Hiner, Secretary.
“Chas. Kubach, General Manager.
“National Fence Supply Company,
“Manufacturers and Dealers in Concrete Fence Post
Supplies, Wichita, Kansas.
“Bedford, Iowa, June 23, 1913.
“This is to certify that I or we hereby agree to do for M. L. Burt $1,500.00 worth of business in the territory assigned to him by the National Fence Supply Go., also to give him complete instructions in the introduction and the sale of our goods in his territory, and further agree to instruct anyone that he may choose.
“The above agreement is to be fulfilled in 90 days; otherwise the above agreement is to be to the satisfaction of M. L. Burt, of Bedford, Iowa.
“[Signed] National Fence Supply Go.,
“Per E. S. Burns, General Agent."
The defendant testified that the principal consideration relied on by him ivas the agreement of Burns to resell $1,500 worth of his territory for the benefit of the defendant, and that this should be done before the note should become payable. The real defense is concentrated upon the failure of the payee to perform this agreement and upon the contention that the payee entered into such an agreement with a fraudulent intent not to perform.
The plaintiff, a local banker, purchased the note on August 4, 1913. The answer is quite voluminous, and sets forth various details of fact upon which the general aver
The trial judge instructed the jury upon the subject of alleged fraud and false representations. He also instructed in substance that, if the jury found that the note was obtained by fraud, and yet found that the plaintiff was a good-faith purchaser, then the plaintiff could recover only the amount paid by him for the note. This was shown to be $800, and such was the amount of the verdict.
The fraud alleged by the defendant Avas pleaded in his answer in very general terms. The notice to the plaintiff was pleaded as folloAvs:
“That plaintiff, at and prior to the time of the so-called purchase of defendant’s note, had notice of the matter and things herein set out, and had notice of the facts attending the giving of the note in suit, and had notice of the agreement of the said Burns to resell $1,500.00 worth of territory before requiring the payment of said note, and that plaintiff is not a good-faith purchaser of said note in the usual course of. trade without notice.”
There was no allegation in express terms charging the plaintiff with notice that the payee did not intend to perform its agreement to resell territory. The instructions complained of, therefore, were quite as specific as the allegations of the ansAver would fairly permit.
The legal questions involved in the case are quite elementary, and we need not dwell upon them. The real controversy was one of fact. The finding of the jury thereon, and the overruling of a motion for a new trial by the trial court, are quite conclusive upon us. The record before us discloses no prejudicial error. The judgment must, therefore, be — Affirmed.