108 Iowa 296 | Iowa | 1899
— Tbe averments of tbe petition are, in substance, tbat tbe defendant orally agreed to pay tbe plaintiff ten cents a busbel for one thousand five hundred bushels of com delivered at Lobrville, to be shelled from a crib selected by tbe defendant, and com unfit for shelling to be thrown out; that, in pursuance of this understanding, the defendant pointed out the crib, and the plaintiff sorted and shelled the corn therefrom, which he would not otherwise have done, and undertook to deliver it as agreed, when defendant refused to accept it; that plaintiff has been damaged in the sum of fifty-two dollars and fifty cents. The demurrer of the defendant was sustained in the justice’s court on the ground that the contract was within the statute of frauds, but this* ruling was reversed in the district court, and the cause certified as provided in section 4110 of the Code. As no part of the property was delivered, and no part of the price paid,