68 Iowa 650 | Iowa | 1886
Lead Opinion
“ ORDER FOR ERECTION OF RODS.
“Mr. Tostevin, Agent for J. W. Hutton — Sir: Erect or deliver, at your earliest convenience, your Franklin lightning-rods on my house and two barns; three points, two ground-rods, on each building, in accordance with the scientific rules as printed on the back of this order. And I agree to settle for the same, upon completion of work, by cash, or note due in eighteen months, at forty cents per foot for the rods, (including eight feet for each brace and self-irrigating tube at same price,) and.$8.50 each for platinum tipped points. No charge for guaranty.
[Signed] “ Henry Maines.”
Defendant admits that he entered into a contract with plaintiff for the purchase of lightning-rods which were to be erected upon his dwelling-house and barns; but he alleges that said contract was in parol, and that, by its terms; he was to pay $62 for said rods; and that plaintiff was to take
Modified and Affirmed.
Dissenting Opinion
dissenting. — I think the judgment and decree in this case should be reversed. The issue is fairly made that the contract was entered into by the parties for a corrupt and fraudulent purpose. The evidence shows, without conflict, that the written order was signed by the defend