151 Iowa 168 | Iowa | 1911
When this action was begun, August 31,
1 attachmentevidence-. ' value of use of attached property. I. The defendant testified that the use of the livery stock in connection with the barn was worth $60 per week. On cross-examination he named the expenses incident thereto, and said that about six weeks previous he had leased “practically the same outfit he had prior to the attachment, except that he did not have quite as many horses. He was asked at how much per day, and an obpection as immaterial, incompetent, and irrelevant was sustained. It should have been overruled. The leasing was but about -six months subsequent to the time in ques
My Dear Sir: I have always regretted, what seemed to be an absolute necessity on the part of our bank at Massena, the commencement of the present suit against you. As you well know, the boys did everything possible to try and get a settlement or security before starting the suit, and it seemed that you were willing yourself to do this, but saw fit to take the advice of others. Now, Mr. Garside, the case is set for trial next Monday, and before making additional cost on our part, I want to make a suggestion to you for a settlement. My understanding is that there has been $1,500 paid in on the collateral. If you will apply this amount on the indebtedness and give the bank security on the balance of the indebtedness, we will give you one, two or three years’ time as you may need, and we will divide the costs with you, that is, we will pay one-half of all costs you pay the other one-half. I am very sure, Mr. Garside, that this will save us both attorney’s fees, time, worry and costs and be much better for both of us. This proposition is made to you as an offer of compromise and settlement, and is not to be considered or used for any other purpose, and shall not in any way prejudice the right of any of the parties to the suit referred to. My son, Clarence, expects to be in Massena on Wednesday of this week, and if this proposition is acceptable to you, you can fix the matter up with him. I want you to understand that I want to be fair and I believe that this is a fair proposition, and I trust that you may see fit to accept it.
That the letter was an offer of compromise is manifest, and under rules too well settled to require discussion was not admissible in evidence. Boylan v. McMillan, 137 Iowa, 142.
Even though a party may employ numerous attorneys, no more should be allowed than the services rendered are worth, whether rendered by one or more than one. Otherwise a defendant in such a case might enhance the amount to be assessed against the adverse party by inducing every attorney possible to join in the defense.
, For the errors pointed out, the judgment is reversed.