62 Iowa 112 | Iowa | 1883
The written contract in question is in these words:
“Lewis, Iowa, 2 — 26, 1881.
' “Received of B. P. Lewis the sum of twenty-five dollars in part payment, of three thousand bushels of dry, sound, shelled corn, free from dirt and ice, in township of Oass, county of Oass, State of Iowa, which I have this day sold them for twenty-five cents per bushel, delivered in our bins at Lewis Station on the O., R. I. & P. Railroad, to be delivered in May or June, by giving me ten days’ notice, before delivering, and I hereby guarantee that there are no liens nor encumbrances of any name or nature on the above described corn.
“Hehry Morgak.’’
The plaintiffs claim that they purchased the contract of Lewis, and thereby became entitled to receive the corn from the defendant. That after the contract was executed the time for delivery was extended to the month of August, 1881, and that defendant delivered three hundred and forty-seven
The court instructed the jury that under the contract, if the time of performance was not extended, the defendant had all of the months of May and June in which to deliver the corn, and that he was bound to deliver it, even if the plaintiffs failed to give the ten days’ notice provided for in the contract, and that, if he failed to deliver it, and the market value of corn was more than the contract price on the last day of June, he was liable in damages for the difference. No complaint is made of the instructions. But it is claimed that the verdict was contrary to the instructions and contrary to the evidence. A material fact in controversy between the parties was whether the time for the delivery of the corn was extended. There is a conflict in the evidence on this question, and such a conflict as forbids us from interfering with the finding of the jury thereon. The evidence shows that on the last day of June corn was worth two cents a bushel more than the contract price. Plaintiffs claim that they paid the defendant on the contract the
Affirmed.