82 Iowa 535 | Iowa | 1891
The plaintiff and Ms brothers, George, John and Jacob, and his sister Emma were the children of Jacob Krauskopf. The father and his wife died when the children were young, and after the death of their father the children lived with the defendant and her husband, who was a brother of the deceased father, until after they attained their majority. They inherited from their parents eighty acres of land. The plaintiff seeks to recover for rent of his share of the land for several years specified, and for labor he performed for the defendant. He also seeks to recover, as assignee of the brothers and sister named, amounts alleged to be due for rent of their shares of the land, and for labor performed by John, Jacob and Emma. The defendant alleges that the plaintiff and his assignors lived with
The record submitted in this court does not show the evidence on which the case was tried. The questions for our determination are raised by the motion of the defendant for judgment. The court charged the jury, in regard to the right of plaintiff to recover for labor performed, as follows: “4. You are instructed that before the plaintiff can recover in this action you must be satisfied by a preponderance of the evidence •that there was an express agreement between the plaintiff and the defendant for compensation for services,
“5. Yon are instructed that if yon find anything for the plaintiff on the alleged claim for services yon can find only such an amount as he has shown by a preponderance of the evidence herein was expressly contracted for by the defendant; and if yon find from the evidence that no such express contract was entered into by the defendant, or find that such express contract has not been shown by a preponderance of the evidence, then plaintiff cannot recover anything on his claim for services.
“6. If the defendant had conversations with the plaintiff or his assignors as to remaining and working for her for compensation, and if the parties having such conversation with defendant, from the language employed, understood and expected that they should remain and work and receive pay therefor, and defendant so understood, then there was in effect an express contract between defendant and the parties understanding and expecting ; but, if there were no such language and understanding and expectation, then as to such parties there was not an express contract.”
A special interrogatory was submitted to. the jury in words as follows: “ Do you find that there was a,n express contract made between the plaintiff and defendant for payment for services for the time charged, and, if so, when ‘was such contract made?” The answer was as follows: “Not express, but implied, at several times.”
Similar interrogatories in regard to the services rendered by the assignors of plaintiff were submitted and answered in the same manner. The answers thus given show that the general verdict was contrary to the fourth and fifth paragraphs of the charge. By those paragraphs the jury were told that the plaintiff could not recover for labor performed unless an express agreement to pay therefor had been proven. They
The judgment of the district court is reversed, and the cause is remanded, with directions that a judgment be entered for defendant in harmony with this opinion. Reversed.