104 Iowa 399 | Iowa | 1898
The contract which is set up as ai basis for the relief sought by plaintiff is in Writing, and-as follows:
“Des Moines, Iowa, December 22,1894.
“List of Redhead’s Property Offered in Exchange for Holmes Yinegar Plant:
Double brick flat............................$ 4,000.
Bixby house, barn, and land.................. 4,000
Watson house and lot....-..........■.......... 2,000
Lomley house and ground.................... 1,500
5 lots in K, 14 lots in J, 10 lots in S, Redhead’s addition............................... 5,800
Lots 28, 22, 21, 20,19,18,16,15, Block Add..... 6,200
Lots 8, 9,10, 11, 12, and 14, Block A, East Park Place.................................. 4,300
$27,800
“The above property to be free from incumbrance, except $2,000 on the double brick flat. Said Redhead agrees to take in even exchange Holmes vinegar plant, consisting of the lot on which it stands, sixty feet by one hundred and eighty feet, and all of -the permanent fixtures used in the manufacture of vinegar, pickles, yeast, -and cider; also, a feed lot, which contains about*401 two and one-half acres, four horses and harness, and two wagons, 'all of which is free of incumbrance. Said Holmes property is in Marshalltown, Iowa, and property of said Redhead is located in Des Moines, Iowa.
“Annie S. Redhead,
“By George Redhead.
“Joseph Holmes.
!iDes Moines, December 22,1894. Received on the within contract $1, to apply on the within trade.
“George S. Redhead.”
We are confronted at the outset with an issue of fact presented by the answer, the determination of which is decisive of this case: Was the writing in question the contract of the defendant? It is obvious that, to answer this interrogatory, we must ascertain whether George S. Redhead, who was the son of defendant, had authority to affix his mother’s name thereto. The testimony is not materially conflicting. Many facts are not in dispute. We deem it unnecessary to set them forth in detail, but will give our conclusions.
Annie S. Redhead, the defendant, is a widow, and derived title to the real estate involved, with considerable other property, by devise from, her husband. She is not a woman of much business capacity or experience, and has been dependent upon others for advice and assistance in the management of her estate. Her son George S. had charge of the making of leases to her tenants and the collection of rents, but, when real property was sold or other transactions of magnitude under-. taken, she usually went to others for advice, and principally to Mr. St. John, her attorniey. It seems that negotiations were begun between plaintiff and George S. Redhead looking to the exchange of some of defendant’s real estate for a vinegar plant belonging to plaintiff, and which was located in Marshalltown, Iowa. After a time these negotiationis culminated in a visit of plaintiff to Des Moines, where the Redheads resided. It is