143 Iowa 318 | Iowa | 1909
In October, 1905, tbe parties hereto entered into a written lease whereby the plaintiff leased his farm to the defendants for one year, commencing March 1, 1906, for a rental of $360 represented by two rent notes of $180 each, maturing December 1, 1906, and March 1, 1907. Immediately áfter the execution of the lease, the defendants entered upon the leased premises under some oral arrangement with the plaintiff, the terms of which are more or less in dispute. It is undisputed that the plaintiff’s stock was to remain upon the premises until March 1st, and that the defendants were to receive $10 per month for caring for the same. It is also undisputed that some' of such stock remained upon the premises to a later date than March 1, 1906. It appears, also, without dispute that the plaintiff boarded with the defendants until December 1, 1906. The plaintiff claims that he was to pay $10 per month for the care of the stock and $10 per month for his board, and that he paid the same from time to time as it accrued to the defendants. He also claims that on December 1, 1906, being the date of maturity of the first rent note, he had a full settlement with the defendants for the balance due them, amounting to $51.42, and that such sum was allowed as a credit on the rent note, and that they paid him on such date $130.98, the resulting balance due on the note, making a total of $182.40. One of the items of defendants’ counterclaim is for $2.40 of the alleged interest overpaid on that date, and this overpayment is conceded by the plaintiff.. The controversy between the parties arises upon the defendants’ counterclaim. It is voluminous, and covers six printed pages in the abstract. It includes a claim for board at $5 a week, amounting to $223, also a claim for labor and caring for the stock, and for damages for allowing the stock to run upon the meadow, and for other items of damage, for leaving gates open and breaking tools, and
II. The defendants complain of many of the instructions of the court. The instructions are quite voluminous, being twenty in number. The court devoted a separate instruction to each item of the defendants’ counterclaim. The defendants urge objection to most of them on the general ground that, in the light of the evidence, they were unfair to the defendants. We have read them with much care, and they do not impress us in that way. It is true that an observance of the instructions rendered it difficult, if not impossible, for the jury to make an allowance on the counterclaim; but this was not the fault of the instructions.
The judgment below is affirmed.