98 Iowa 692 | Iowa | 1896
V. Appellant urges that the verdict is against the evidence and instructions, and that the verdict is excessive. We will not discuss the evidence. It is sufficient to say that, under it, the verdict has such support as that we should not disturb it, especially as it is the second verdict in favor of the plaintiff. Under the instructions, the verdict might have been for either party; therefore there is no conflict between the verdict and the instructions. Our conclusion is that, upon the defendant’s appeal, the judgment of the district court should be affirmed.
VI. Plaintiff’s complaint is that the district court restricted his recovery to the amount for which he demanded payment of the defendant, namely, two thousand five hundred dollars, and refused to instruct the jury to allow interest on the amount they might find plaintiff entitled to. Plaintiff filed in this court a waiver of such errors as might remand the case on