101 Iowa 192 | Iowa | 1897
It is now urged that the court did not fairly present the issues to the jury, because it did not state that part of the agreement, as admitted by the answer, that the wood was to be cut and delivered as defendant might direct. There was no issue as to that particular faet. It came into the pleading as an admission of fact, entirely immaterial, unless it was so pleaded as to be relied on as a defense. Nothing in the defenses pleaded presents the thought that a recovery was sought to be avoided because of defendant’s right to say when the wood should be cut and delivered. The court made the issue more favorable to the defendant, for it required a finding that the defendant prevented plaintiff from completing the contract, to justify a recovery.