162 Iowa 227 | Iowa | 1913
The defendant Lizzie Besser was not shown to have been concerned in any manner in the alleged deceit, or in carrying away the roses or screen, and the verdict was rightly directed in her favor, but this did not obviate the submission of the issues as to A. P. Besser. Young v. Gormley, 119 Iowa, 547; Boswell v. Gates, 56 Iowa, 143.
If the real party in interest is willing to share his cause of action with another not concerned therein, this ought not to defeat recovery, and the defendant by interposing no objection by moving to eliminate such other from the suit
That through some arrangement not disclosed the land was finally conveyed to Mrs. Gagle did not defeat any cause of action F. M. Gagle might have had by reason of being induced to enter into the contract of purchase. The issues should have gone to the jury. — Reversed.