34 Iowa 485 | Iowa | 1872
The objections by defendant’s counsel to the pleadings; to the various rulings of the court; to the decisions of the referee and to his report, as well as to the various steps in the cause taken by opposing counsel, may well be said to be innumerable. It is not necessary or profitable for us to notice them sm'iaUm in this opinion. We shall only pass expressly upon two or three of the leading questions.
Several of the objections relate to the report of the referee, that it does not state the facts found, does not show that he passed upon all the issues between the parties, etc., etc. To all these, it is a sufficient answer to say, that the only ultimate question between the parties was, which was indebted to the other. It is and was substantially a case of mutual accounts'; and when the referee found the amount due one party or the other, he had found the only question of fact or law involved in the ease. If he had been requested to find the correctness, modification or incorrectness of each or any item of the several accounts, such finding might properly have been made; but, in the absence of such request, we do not deem it the duty of a referee to so find or report. The tender being for less than was found due, was, of course unavailing. The defendant will be entitled to a credit on the amount due, for the amount tendered or such part thereof as he shall receive.
Affirmed.