116 Iowa 176 | Iowa | 1902
III. This disposes of the case against 111. We may say further in this connection that, had it been the intent tó charge 111 as a joint principal and a seller of the liquors to plaintiff, we doubt if any such demand was made as to entitle plaintiff to maintain this action against him. The written demand introduced in evidence was for the amount of the purchase price of liquors bought of the Leisy Brewing Company.
{! VII. The sixth instruction submitted relates to the effect of a settlement, if found to have been made, between III and plaintiff, by which plaintiff, for a consideration, waived his right to sue for the money now claimed. The only objection made to this paragraph is that there was no evidence to warrant- it. As to this, we need but say we cannot assent to the statement. Doubtless this instruction, in common with others noticed, need not have been given, for no case is stated against 111, but it was clearly without prejudice. What has been said in relation to the matters discussed heretofore sufficiently indicates our reasons for saying the court properly refused an instruction asked by plaintiff, and upon which refusal error is urged in argument.
. We find no prejudicial error, and the judgment is aepirmed.