185 Iowa 425 | Iowa | 1919
On the trial, the plaintiff called the defendant Reddix as a witness, and undertook to prove by him the oral contract pleaded. The testimony thus elicited from Reddix was in accord with his pleading, already noted. Thereupon, the plaintiff introduced other oral evidence tending to support the allegations of its petition as to an oral purchase. It also introduced oral evidence to the effect that, in April following, the said oral contract was reduced to writing. The writing was introduced in evidence, and was as follows:
“This agreement witnesseth: That I have this day sold to Farmers Elevator Company, of Onawa, Iowa, 4,000 to 4,500 bushels of good, sound, dry, merchantable No. 3 yellow or No. 3 white shelled corn. To grade Ño. 3 w or 3 y or better, at 91 per bushel, the same to be delivered by me to it in its cribs, bins or elevator at Onawa, Iowa, as they may direct The said grain to be in a good merchantable condition, free from snow or rain, and delivered on or before the first day of July, 1917, at their option. I agree that this contract may be either extended or canceled at its expiration by the buyer, if the grain herein specified is not delivered in the specified time. I further state that I am the sole owner of said grain, and that the same is now located on the land known as the - farm in - Township,-County, Iowa, and that same is free from and clear of all liens and incumbrances whatsoever.
“I make this statement for the purpose of obtaining credit and securing whatsoever sum of money may be advanced upon this contract, either at this date or at any time between this date and the delivery of said grain. If default be made in the delivery of said grain the said
“[ Signed] Charles Reddix. “Accepted: “Farmers Elevator Co.
“By A. D. Post.
“Dated this 26th day of January, 1917.”
The plaintiff also introduced evidence tending to show that, in January, the defendant Henning had written Reddix, his tenant, directing him to sell his corn immediately; also, evidence tending to show that, in February, the' Turin Savings Bank had called the plaintiff by phone, and had inquired whether the plaintiff had bought Reddix’ corn; that the plaintiff answered such question in the' affirmative; that the bank officer then advised the plaintiff that the bank had a mortgage, and that he there consented that the consideration might be paid to Reddix, and that the bank would trust Reddix to bring the same to it.
Turning now to the writing which was entered into in April, and which is above set forth, it cannot be enlarged or qualified by oral evidence. Oral evidence was introduced by the plaintiff, to the effect that this contract was intended to reduce the former contract to writing; but such oral evi-' dence was no more admissible after the execution of the writing than it was before. The writing is its own evidence, and speaks for itself. It will be noted that the writing does not purport to be in confirmation of any oth1 er contract Furthermore, it does not purport to describe the particular property possession of which is claimed herein, nor does it purport to identify or describe any particular property. No location is specified. A delivery by