101 Iowa 620 | Iowa | 1897
In the latter part of the year 1883, the plaintiff sold to the decedent a stock of hardware, which was of the value of four thousand dollars. The plaintiff had obtained the stock of a man named Carpenter, and he delivered possession of it to Shannon. In June, 1889, Shannon died, and on the twenty-sixth day of the next November, the claim in controversy Yvas filed. The plaintiff alleges that the sale to Shannon was by a verbal agreement, which required the latter to pay the former for the stock the sum of four thousand dollars, when it was finally disposed of; that the last of it was not disposed of until the year 1889; and that, of the purchase price, only one hundred and eighty dollars have been paid. Judgment for the amount alleged to be due is asked. The defendants
IV. The appellants make numerous objections to rulings on evidence, to instructions refused, to portions of the charge given, and to the sufficiency of the evidence to support the verdict. We have examined all of these objections, but do not find them to be of sufficient importance to warrant specific men-' tion of them. The rulings as to the introduction of evidence were manifestly correct or without prejudice. The instructions refused, so far as correct, were in substance incorporated in the charge given, and that submitted the issues to the j ury fairly, and was quite favorable to the defendants. The evidence to support the claim of the plaintiff was in some respects not wholly satisfactory, but so far supported the verdict that we are not authorized to interfere with it. The j ury failed to allow the defendants a credit for one hundred and eighty dollars, admitted by the plaintiff; but the error wTas cured by the amount remitted by the plaintiff, and the recovery provided for by the judgment was not excessive.