131 Iowa 524 | Iowa | 1906
The plaintiff was a tenant on defendant’s farm for three years, commencing March 1, 1896. The rent was payable in cash, and payments-had been made at different times during the term; but no settlement was had prior to March 1, 1899. On that day plaintiff was about to remove his property from the premises, and was notified by defendant’s agent that he must settle before doing so. Thereupon the parties met at the office of Squire Rogers, and upon his computation there was found to be due defendant $554.84, which plaintiff paid, and received from Rogers a receipt in full. Thereafter he submitted the papers and Rogers’ figures to another, who, it is said, discovered errors in the computation, in that interest had been computed on certain rent notes from their date, instead from maturity; also that some items had been omitted. They consulted defendant with reference to a correction, which he refused, as he explained, owing to all papers had at the settlement not being produced, but, as told by plaintiff, for that he had the money and would keep it. Thereupon this action was begun. Owing to circumstances unnecessary to relate, .it was not brought on for hearing before a referee duly appointed for that purpose until October 15, 1903. He found that there had been a settlement between the parties, but that through mutual mistake and oversight interest had been. computed on certain rent notes from date, instead of from maturity, and that two items, one of $90 and another of $37.50, had not been credited the plaintiff, and recommended that judgment be entered for $174.80, with interest at 6 per cent, per annum from March 1, 1899. The evidence was in sharp conflict, but the district court confirmed the report, and rendered judgment accordingly.
was 011 the defendant. Grove v. Bush, 86 Iowa, 94. The reply was a general denial, ip^g mere]y pUt in issue the fact of there having been a settlement such as alleged. If there was- a general settlement between the parties, it is presumed to have includéd all matters of difference and in controversy between them. Tank v. Rohweder, 98 Iowa, 154; Watson Coal, etc., Co. v. James, 72 Iowa, 184.
III. The referee found that there had been a settlement. The district court approved this finding. If correct, the petition should have been dismissed. A careful examination of the record has convinced us that the parties did have a settlement in Squire Rogers’ office, which both supposed to be in full of all demands of the one against the other. Unfortunately the justice and Dodds, who was with plaintiff when the amount ascertained was paid, died before the hearing. Plaintiff testified that in handing the money to the