39 Iowa 235 | Iowa | 1874
This new agreement being based upon a new consideration, if accepted by the plaintiff as a compromise of, or in substitution for, the indebtedness of the defendant under the original contract would have the effect to take away any right of action which the plaintiff previously had on the first contract. There was, therefore, no error in the refusal of the court to give the instructions asked by the plaintiff touching this question. The court properly left it to the jury to determine whether this new agreement was entered into by the parties. In other words, whether this agreement or the one alleged by the plaintiff was the actual contract made by the parties, and accepted by plaintiff as a comju’omise of the defendant's indebtedness to her. ,-
II. It is insisted that the verdict is not sustained by sufficient evidence.
If the defendant has failed to comply with the new agreement, plaintiff’s remedy is on that agreement.
The foregoing view fully disposes of the case, and relieves us from a discussion of the other questions presented by counsel for appellant, which in our opinion are not material.
The judgment of the court below will be
Aeeirmed.