82 Iowa 122 | Iowa | 1891
I. As is too generally the case in this class of appeals, the first contention is as to the
The certificate shows that the questions certified were raised by a motion to strike parts of the petition, and by demurrer to the remainder, the motion having-been sustained. After setting out the' petition and exhibits and the ■ motion and demurrer at length, and stating the rulings and exceptions, the certificate continues as follows-: “Upon this record, I submit the following questions of law, on which it is desirable to have the opinion of the supreme court: First. Was the demurrer sufficiently specific in form? Second. Was the language in the contract, ‘Three steam-feed cookers, at forty dollars with a discount of twenty-five per cent.’ — the word ‘three’ plainly written in a blank, and the others quoted plainly printed — so ambiguous as to require interpretation? Third. Does that language mean three steam-feed cookers at forty dollars apiece with said discount, or forty dollars for all three of them, with said discount? Fourth. Was the motion to strike properly sustained? Fifth. Was the matter so stricken out proper matter to be set out as subsequent conduct of the parties to be considered in
The first question could not be presented without stating the form of the demurrer, and this could not fie done more specifically than by setting it out. As will be seen hereafter, the other questions turn largely upon the decisions of the second and third, and they could not be better stated than by stating the contract that was to be construed. While this might have been done without setting out the allegations of the petition at length with respect thereto, yet those allegations are necessary to a concise presentation of the questions raised by the motion. We think the certificate is sufficiently explicit.
II. The first question certified does. not appear to have been raised in the case. The record on the
" III. We think the second question certified must be answered in the affirmative. That it -is uncertain
The judgment of the district court is keveksed.