57 Iowa 469 | Iowa | 1881
III. The court held that the parties understood the agreement differently; that the plaintiff had reason to suppose that the defendant understood he was at liberty to draw the dividend of $300, and that it was not to be included in the transaction; and that under section 3652 of the Code, that sense is to prevail against the plaintiff', in which he had reason to believe the defendant understood it. It is claimed that the court erred under the evidence, in holding that the plaintiff had reason to suppose that the defendant understood he was at liberty to draw the dividend. If the court did so err, it was clearly error without prejudice. The court would uot have been justified in finding from the evidence that the defendant had reason to suppose that the plaintiff understood the
We discover no error in the case. The judgment is
Affirmed.