131 Iowa 229 | Iowa | 1906
— A part of plaintiff’s business was selling stallions to farmers. The price of one known as “ Chamberlin ” was $3,000, divided into twelve shares of $250 each. The paper sued on purports to be signed by eleven persons, agreeing to take a share each, and two persons, agreeing to take a half share each. It was in print, reciting an agreement to sell at the above price to the subscribers who promise to pay the amount stated per share, to be paid in cash or in four equal annual payments, evidenced by the joint and several negotiable notes of the subscribers. The defendant’s name appeared on the paper, but he refused to accept the horse or become a member of the company, and this suit for the price of a share was commenced. The defense interposed that the contract mentioned had been printed above defendant’s name after he had signed it in a book used by plaintiff’s agent, or else it had 'been fraudulently concealed when his signature was attached.
Appellant further contends that, in any event, the verdict is without support in the evidence. While it is all but inconceivable that defendant, and others who subscribed for shares, supposed they were placing their names on a blank piece of paper, such is their testimony, and it was for the jury to pass upon their credibility. — Reversed.