142 Iowa 515 | Iowa | 1909
There is no doubt that plaintiff nursed Emma Adams and performed other services for her during the years 1905 and 1906, and the verdict, which was for $125, with interest, has sufficient support in the evidence, provided it be found that defendants are liable for
If you believe from the evidence that there was some agreement with defendants, or either of them, with reference to the performance of the alleged services by the plaintiff to Emma Adams, you will then determine from the evidence whether the defendants promised and agreed with plaintiff that they would pay for such services, or whether they merely agreed to stand good for or guaranteed the payment for such services to Emma Adams or her husband, John Adams. If you find that defendants agreed to pay the plaintiff for such services before they were rendered, and that the plaintiff looted only to and expected pay from defendants only, and did not expect to get her pay from Emma Adams or John Adams, you will find for plaintiff. But if you believe from the evidence in the case that the defendants did not agree to pay the plaintiff for her services, but merely agreed to stand good for or guarantee the pay thereo| in case she did not get her pay from Emma Adams or John Adams, then the agreement would be within the statute of frauds, and not being in writing can not be enforced, and if you so find you should find for defendants.
At every stage of the trial defendants claimed that the promise relied upon by plaintiff was a collateral one
III. Certain special interrogatories were submitted to the jury, to which answers were made as indicated in the following quotation from the record:
Question 1: Do you find from all the evidence and circumstances in the ease that defendant Royal Adams made a contract with the plaintiff, ■ Mollie Miller, with reference to the services claimed to have been rendered Emma Adams, deceased? Answer: Yes.
Question 2: If'you answer the above question in the affirmative, then was such agreement by this defendant to pay therefor or simply stand good for or a guarantee for .the payment, if it could not be collected from the estate of Emma Adams, deceased, or her husband, John Adams ? Answer: Defendant promised • to pay plaintiff.
Question 3: Do you find from all of the evidence*520 and circumstances in the case that the defendant Minnie Adams made a contract with the plaintiff, Mollie Miller, with reference to the services claimed to have been rendered Emma Adams, deceased ? Answer: Yes.
Question 4: If you answer the aboye question in the affirmative, then was such agreement by this defendant to pay therefor, or merely to stand good for or a guarantee for the payment, if it could not be collected from the estate of Emma Adams, deceased, or her husband, John Adams? Answer: Defendant promised to pay plaintiff.
No error appears, and the judgment must be, and it is, affirmed. '