195 Iowa 703 | Iowa | 1923
This action is brought at law, to recover upon an alleged written contract. The appellant’s claim is to the effect that, on March 2, 1920, it entered into a written contract with defendant, whereby defendant promised to pay plaintiff the sum of $125 for “a scholarship in applied cartooning; ” that plaintiff has performed all its part of the contract; that defendant has paid thereon $23; and that there is due and unpaid a remainder of $102, for which judgment is demanded. The defendant admits
I. In the first place, the contract sued upon was never admitted in evidence. An offer'of it was made, but, it being duly objected to, the court reserved ruling thereon, and did not again recur to the matter. If either party desired a ruling thereon, or wished to have the benefit of such offered evidence, it was his right to call upon the court therefor 'before the cause was disposed of. No such request was made, and the right is to be held waived.
II. The plaintiff seeks to recover upon an executory contract which it alleges it has duly performed. Defendant denies these allegations specifically, and, as we have seen, the alleged contract is not in evidence; and even if that objection be waived, there is not a word of evidence tending to show that plaintiff has ever performed or rendered the agreed service. The instrument sued
The country swarms with agents and canvassers for subscription books and other articles of more or less (usually less) value,.and if proof of such subscription is to be held sufficient to sustain a demand for judgment, without any proof that the thing subscribed for has been, in fact, performed or furnished, it would herald a year of jubilee for numberless fakes and frauds for victimizing the unwary and credulous public. Without such showing, not even a prima-facie case is made.
The appellant’s case is without merit, and the judgment of the municipal court is — Affirmed.