110 Iowa 509 | Iowa | 1900
The instructions given by the trial court were, for the reason stated, erroneous. We do not overlook the plaintiff’s claim that the question is not raised by proper assignments - of error. An examination of the record convinces us that they are sufficient.
II. Defendants contend that the answer tendered an issue as to the authority of the agent to write the letter, and that the court erred in not submitting that issue. We do not think the record sustains their claim. The writing of the letter was admitted, and we find no pleading questioning the authority of the writer to bind the company. For the reasons pointed out the judgment of the district court is reversed.