124 Iowa 157 | Iowa | 1904
It is provided in our statute of frauds, so called (Code, section 4625), that, except when otherwise especially provided, no evidence of a contract relating to the sale of personal property, when no part of the property is de
Plaintiff also called the defendant as a witness, and we think it must be said that the effect of his testimony was to establish his full ownership of the com as of the time of the alleged contract of sale. The only other evidence bearing on the issue was to the effect that defendant had on several occasions declared that he was not the owner of the corn. Plaintiff, as a witness, testified that when, in October following, he demanded a delivery of the corn, defendant replied that he was only jesting at the time of the talk about a sale; that he did not own the corn and would not pay damages. On his direct examination, plaintiff says that the statement testified to by him had relation to the ownership as of the time when such statement was made. On cross-examination he was unable to make answer as to the words used — whether of the present or the past tense. A want of owner
So, too,.we think there was no error in directing a verdict as to the fifth count of the petition. It was made to appear clearly that the cause of action sounding in tort therein pleaded was based upon the same state of facts as were relied upon to support the averments of contract breach and resulting damage set forth in the first count. All the evidence introduced was addressed to the fact allegations contained in the first count, and there was no attempt made to prove that plain
Complaint is made respecting several of the instructions given to the jury in submitting the issue under the first count of the petition. We have examined each of such instructions, and we think it sufficient to say, without entering upon any extended discussion, that we find no prejudicial error.
The verdict as rendered had support in the evidence, and our conclusion is that the judgment was right, and it is affirmed.