189 Iowa 1204 | Iowa | 1920
“It is further understood and agreed that the second party, his heirs or assigns, at the expiration of the period covered by this lease are to have the privilege optional with them of renewing this lease for a further period of two years from and after March 1, 1917, at an adjusted rental based upon what other rooms of similar size and location may be renting for at that time.”
One Ingle was in local charge of the business of the
I. One of these grounds is that Ingle, who purported to represent the defendant Perry Gas Works, was not authorized to exercise the stipulated option. It apjrears that Ingle was the only person in charge of the business of the company locally at Perry. He negotiated with the plaintiff for the original lease, and obtained the signature of the plaintiff thereto. He did not, however, sign the lease, but sent the same to Reed,, the owner of the gas company, for signature. During the three years’ occupancy under the original lease, Ingle paid the rent monthly, but did so with checks signed by Reed. After March 1, 1917, when the purported renewal went into effect, Ingle continued the payment of the monthly rental at the new rate of $55 per month. These payments were also made by the check of Reed. It is to be noted that, in the adjxxstment of rental, Ingle obtained for the Perry Gas Works a redxxction of $5.00 per month. The Perry Gas Works, through
We think, therefore, that the oral evidence in question was admissible only for the purpose of showing that the defendant did elect to accept the option; and that it Avas not objectionable under the statute of frauds, because it added nothing to the terms of the contract as written in the original lease.
The trial court submitted this question to the jury, as well as the question of the authority of the agent, upon instructions of which no complaint is made. We are clear that the finding of the jury has sufficient support in the evidence. The judgment below must, therefore, be— Affirmed.