69 Iowa 111 | Iowa | 1886
II. It is said that the plaintiff, if he recovers at all, must recover on an express contract. No reason, whatever is stated in support of this position, and we are unable to conceive any reason why the plaintiff cannot recover the reasonable value of the use of the premises, if the evidence
The contract as to the rent of the building was made by
In this connection one other point made by the defendant should be mentioned. He claims that the plaintiff cannot recover in this action because Dosh was a member of both firms, and therefore the only action that could be brought on a contract made by one firm with the other must be brought in equity. Conceding this to be the rule, it has no application to this case, simply because the plaintiff does not seek to recover on such a contract. He does not claim that Dosh was bound by the contract. The plaintiff, therefore, can maintain this action, and recover, if he has established the required facts.
Objections are made to some of the instructions, and' that under the special findings the judgment should have been for the defendant. We do not think there was any error committed by the court in either respect. We may not 'have referred to all the points suggested by counsel for the appellant, but we have to those deemed the most important, and the result is that the judgment of the district court-must be
Affirmed.