37 Iowa 610 | Iowa | 1873
I. The main question in the case turns upon the evidence. It involves the fact whether there was a mistake made by the parties in the execution of the note. The evidence upon this point is conflicting and contradictory, with the preponderance, to our minds, in favor of defendant. While the payee gives positive evidence in support of plaintiff’s theory of the case, the defendant is equally positive in his testimony in denying the mistake and in asserting that the note expresses the true contract of the parties. We think the evidence of the latter is the better supported and more strongly corroborated by other evidence. In accordance with our custom we forbear entering upon a discussion of the evidence.
It is claimed, that upon the declarations of the son, that the note should be paid, plaintiff was induced to believe the note to be correct, and did not, for that reason, seek a remedy against the payee. But, as we have seen, the son was a stranger to the transaction and had no power to bind the father, by con
In our opinion the decree of the district court dismissing plaintiff’s petition is correct. It is therefore
Affirmed.