66 Iowa 471 | Iowa | 1885
Defendant’s principal place of business is at Indianapolis, in the state of Indiana, and the transaction out of which this cause arose was had at that j>lace. Plaintiff visited Indianapolis for the purpose of purchasing the necessary machinery for a mill which the Grundy County Mill Company was building, and he entered into a negotiation with defendant, which resulted in the purchase of said machinery from it. Defendant is a corporation, and the negotiation was conducted on its part principally by one Dwyer, who was in its employ as draughtsman and superintendent of its shop. Plaintiff’s claim is that Dwyer agreed that defendant would pay him a commission on the purchase in case it should be consummated; also that defendant subsequently ratified this contract, and performed it in part by paying him a portion of said commission.
It is provided by section 3207 of the Code that “ an assignment of error * * * must, in a way as specific as the case will allow, point out the very error objected to. Among several points in a demurrer or in a motion or instructions, * * * it must designate which is relied on as error, and the court will only regard errors which are assigned with the required exactness.” It is clear that this assignment does not comply with this requirement. If we could consider the question of the sufficiency of the evidence to sustain the verdict under it, we might also consider any one of the other questions raised by the motion for a new trial. But it does not specifically point out the ruling on any of these questions as erroneous. Our uniform holding heretofore has been that assignments of error in this form should be disregarded. Bardwell v. Clare, 47 Iowa, 297; McCormick v. Railroad Co., Id., 345; Terry v. Taylor, 64 Id., 35.
When defendant entered into the contract it had full knowledge of the relation which existed between plaintiff and the Grundy County Company. It knew that he was acting as the agent of that company in making the purchase of the machinery, yet it contracted to pay him a commission for effecting the sale. The jury have found, at least, that it made such contract. The evidence shows without any conflict that plaintiff’s principal is not only satisfied with the contract, but that it authorized him in advance to contract, in the purchase of the machinery, for the payment by the seller of such a commission on the sale as would compensate him for his services in transacting the business. As the contract was entered into by plaintiff by the authority of his principal, and as defendant contracted with him with knowledge of his relation to his principal, it is very clear, we think, that it cannot now avoid its undertaking. Plaintiff in the transaction acted to some extent as the agent of both defendant and the Grundy County Company, but each consented that he might act in that capacity for the other, and what was done in the transaction was done with the consent of both principals. There was therefore no element of illegality in the contract, and no rights of either of the parties were violated in making it. The rulings of the circuit court in overruling the motion to exclude the evidence, and in refusing to give the instructions asked, were therefore correct.
Appellant now contends that the only question presented by the pleadings was whether Dwyer had assumed to make a
¥e have examined the questions presented by counsel, and we find no ground for disturbing the judgment.
Affirmed.