110 Iowa 718 | Iowa | 1899
I. While the motion is addressed to only eighteen of the twenty paragraphs of the petition, it is equivalent to a motion to strike the entire petition, and, as stated by counsel, presents two questions, namely: “The first is, can the plaintiff prove by parol evidence the matter and' things- alleged in his petition, against the objection that such evidence contradicts, changes, or adds to the terms of the written contract between the parties, as expressed in Exhibit A (being the deed from plaintiff to defendant) ? And, second,, do the matters stated- in plaintiff’s petition constitute- a cause of action, or entitle him to any relief ?”
Plaintiff alleges that the defendant entered upon the performance of their said contract, and they commenced living as one family on said farm; that the reducing of the remainder of said contract to writing was postponed, but not with any purpose of abandoning or waiving the same. Plaintiff alleges: That, soon, after he commenced living with the defendant under said agreement, defendant’s wife came to dislike him, and urged the defendant to get rid of the plaintiff, and induced defendant to apply to plaintiff to change their agreement so as to require the defendant to pay plaintiff a certain sum for his maintenance, and urged plaintiff to find some other home. Plaintiff declined to make such change, whereupon defendant and his'wife conspired to drive the petitioner from his home by ill treatment.. That, before commencing this course of ill treatment, defendant desired that another part of their verbal agreement should be reduced to writing, and that plaintiff, ignorant of said purpose to drive him from his home and farm, executed a writing as follows: “For value received, I, Mathew McEnery, of Monroe county, state of Iowa, do hereby sell unto my son William J. McEnery, of said county, all the horses, mares, colts, cattle; hogs, wagons, vehicles of whatever kind, harness, and farming implements that I have and own at the time of my death; all the right, title, and interest in and to the same to vest absolutely in my said son from and after my death. Witness my hand this 31st day of March, A. D., 1891. Mathew McEnery.” Plaintiff alleges that he executed this instrument with the understanding that they would at some future time reduce their verbal contract to writing. Plaintiff further alleges' that after execut