105 Iowa 157 | Iowa | 1898
— The appellants, or one of them, purchased two stallions of appellee, one known as “Prince Rupert,” and the other as “Harvester”; and one of the issues in the case was as to which horse the note was given for. The jury found specially that it was given for “Prince Rupert,” and that appellant Frank Novak, Sr., signed the note as surety only. Appellants contend that the evidence shows without dispute that the note was given for “Harvester.” We do not agree with them in this contention. The evidence was in conflict and the finding is not without support.
Other matters presented in argument need not be considered, for they will not arise upon a re-trial. For the error pointed out, the judgment is reversed.