76 Iowa 455 | Iowa | 1889
— Plaintiff leased to one Sutton a farm in Clay county for the term of one year, commencing on the first day of April, 1886. By the terms of the lease Sutton was to deliver to plaintiff, on the farm, as rental, one-half of all the oats, and one-third of all the corn, which should be raised, and one-third of all the hay which should be cut thereon. On the tenth day of April, 1886, plaintiff and Sutton made a supplemental agreement, by the terms of which plaintiff was to have one-half of all the grain raised on the farm during the term of the lease, “in consideration of the use of one mule and harness.” Under this agreement the mule in controversy was delivered to Sutton. During the following summer plaintiff made some arrangement with Sutton for the sale to him of this mule for a quantity of hay to be made by Sutton, and delivered to plaintiff. Sutton made some hay, which he left on the farm. In September he sold the mule to one Nicholson, and soon after absconded. Nicholson traded the mule to defendant, who now claims to own it, and to be entitled to its use. Plaintiff contends that by virtue of his agreement with Sutton there was to be no change in the title to the mule until the hay required by the terms of the agreement had been made and delivered; that the hay was not made and delivered as agreed; and-therefore that the ownership of the mule was not changed, but remained in plaintiff. Defendant contends that there was an absolute sale by plaintiff to Sutton, but,. if there was not, that the agreement was of such a nature as to be in effect a conditional sale; that Sutton held possession by virtue thereof; and that defendant acquired title to the mule as an innocent purchaser for value.
1. instbuocúre! by e°idence. I. Appellant discusses at some length numerous questions which are based solely upon the theory that the sale to Sutton was a conditional one. We do not fin'd it necessary to determine them. The charge of the court upon that
III. Appellant insists that the special finding and general verdict are not supported by the evidence. Plaintiff alone testified as to the terms of the agreement of sale to Sutton, and all his statements are not entirely in harmony with each other. He stated to different witnesses that he had sold the mule to Sutton without, mentioning any condition. Sutton made and left on the place about fifty tons of hay in the stack, and some that was good in the field. As we understand the record, plaintiff took possession of nearly or quite all of this hay, and used it for his own purposes. While the evidence as to the sale is not entirely satisfactory, yet we • think that it is sufficient to sustain the finding and verdict.
Y. Other questions are discussed by counsel, but, as they do not relate to matters of general interest, it is sufficient to say that we have examined them carefully, but find no error prejudicial to plaintiff. The judgment of the district court is Aeeirmed.