123 Iowa 188 | Iowa | 1904
Manifestly, these rulings and instructions which we have quoted were wrong. The contract does not fix the time as to when the labor was to be performed, nor does it specify the kind of work to be done. Parol evidence would not, therefore, tend to vary or contradict anything in the written lease. The agreement as to the kind of labor, and as to the time when it was to be performed, might very well rest in parol. The instrument is manifestly incomplete in this respect, and it is perfectly proper in such cases to show either antecedent or contemporaneous agreements resting in parol. Peterson v. R. R. C., 80 Iowa, 92. It is only when the agreement, construed in the light of the circumstances in which and the purposes
The rent note has now matured, and we have no occasion to pass on the question as to whether or not failure to perform the labor part of the contract matured the rent note.
Eor the errors pointed out the judgment must be, and it is, reversed.