162 Iowa 679 | Iowa | 1913
This action was brought to recover of the defendant (appellant) the sum of $485.51, being 30 per cent of the cost of constructing a tile drain, and being the proportion of the cost for which it was claimed the defendant was liable under a contract made and entered into by and between the plaintiff, the defendant, and one Smith. The petition was in two counts. In both counts it was alleged, in substance, that on October 24, 1910, the plaintiff, the defendant, and one Smith agreed, in parol, to construct a tile drain, for mutual advantage, to drain their farms, the drain to have outlet in an open ditch of drainage district No. 5, Sac county; that it was further agreed between the parties that the plaintiff should superintend the job and pay all the costs and expenses thereof in the first instance, and that the other parties to the agreement would then pay the plaintiff such proportions
While' the agreement which made provision for apportioning the costs of the project is by both parties in their pleadings termed and treated as an arbitration, and the discussion of one branch of the ease proceeded largely upon that theory, and has centered about the proposition that an agent has not the power to bind his principal by an arbitration entered into without express authority, we are of opinion that the rights of the parties are not, under the facts in the ease, dependent upon the determination of that question. The agreement for the appointment of the appraisers was not signed by S. A. Hoyt, the defendant, who was the owner of the real estate, but in her name by her husband, M. A. Hoyt. It appear^ from the evidence that the husband was intrusted with full control of the real estate, so far as related to its operation and management as a farm, in renting, keeping up repairs, making improvements, and such other matters as arc incidental to general control. The evidence warrants the finding that M. A. Hoyt was the general agent of his wife in all
These facts establish fully that M. A. Hoyt possessed and exercised all of the powers of a general agent in the management of the farm. The powers of M. A. Hoyt in respect to the management of the land were those of a general agent, and were sufficient to authorize him to do all that was reasonably necessary in the management of the land to in
IV. The case was tried as an equitable proceeding. Whatever term may have been used to designate the agreement for the appraisement of benefits, the rights of the parties sufficiently appear in the pleadings to warrant a holding against defendant, upon the theory that it was a part of the original agreement. The decree entered was for the amount found by the appraisers. It is correct and is Affirmed.