72 Iowa 705 | Iowa | 1887
II. It will be observed that plaintiff’s right to recover in this action is based upon the fact that there was a dispute and disagreement betweeen him and defendant as to the actual weight of the cattle; plaintiff insisting that the'scales at Jewell Junction did not weigh accurately, and the weights shown by them were incorrect, while defendant maintained the contrary. This dispute was settled by the agreement that the question should be determined by the Chicago weigh-bills; defendant agreeing to pay for the difference, if any appeared, and plaintiff agreeing, in effect, to abandon his claim, should no difference appear between the weights at Jewell Junction and the Chicago weigh-bills. The controversy was a proper subject of settlement by agreement, which the law will favor, as it does all settlements of controversies between parties growing out of business transactions. The consideration for this agreement is found in the mutual promises,— that of plaintiff to forego any action or proceeding against defendant on account of the incorrect weights, and that of defendant to pay according to the Chicago weigh-bills. The fact that the money for part of the cattle was paid before the agreement was made does not affect it, for plaintiff could have maintained an action for the false weight at any time after the delivery of the cattle and payment therefor. See Adams v. Morton, 37 Iowa, 255. Neither
The instructions given by the circuit court to the jury accord with these views. Those requested by defendant, and refused, are in conflict therewith. .Rulings admitting evidence tending to show the agreement of the parties to abide by the weigh-bills, and the weight as shown by these bills, are also in accord with these views. And it will be readily seen that, under these doctrines, it was not necessary for plaintiff to show that the weights of the cattle, as shown by the seales at Jewell Junction, were incorrect.
The foregoing discussion disposes of all questions in the case. The judgment of the circuit court must be
AFFIRMED.