193 Iowa 557 | Iowa | 1922
On hearing the evidence, the trial court found that plaintiffs were entitled to recover upon the original contract $1,567.86» and for extra work $502.50, making an aggregate of $2,070.36. As against this amount, the court i credited the defendant with
In this court, appellants make no claim of error in the trial court’s finding of the amount due them upon the contract price, or the value of the extras for which they are entitled to recover. The errors assigned go entirely to matters connected with the defendant’s counterclaim. And even "with respect to the counterclaims, the only assignments of error argued by counsel are upon the overruling of plaintiffs’ objections to certain questions put by defendant to some of his witnesses as to the rental value of the use of the building during the delay in its completion after the date fixed therefore in the contract. In argument, it is not urged that the evidence so admitted was irrelevant or incompetent in itself, but that it was inadmissible because of a clause in the contract which provides that claims by either party for damages because of delay in its performance “shall be made in writing within a reasonable time, and not later .than the time of final payment, and shall be adjusted by agreement or arbitration. ’ ’
We shall not enter into any examination of the record as relates to the several items of defendant’s counterclaim, or of the evidence by which they are supported. Except with reference to the question already considered, counsel have favored us with no argument on the general merits of the controversy, and it is not to be expected of us that we scan the abstract of 200 pages to discover for ourselves whether there may have been error concerning which no complaint is made.
The cause seems to have been fairly tried, without prejudicial error, and the judgment appealed from is — Affirmed.