45 Iowa 18 | Iowa | 1876
The only question presented for our consideration in this case involves the correctness of' the court’s rulings upon the admissibility' of evidence, and the sufficiency of the evidence to support the verdict. They demand only brief consideration.
No express contract was shown between plaintiff and deceased. The estate is liable, if at all, upon an implied contract, Such a contract may be established by showing the amount and character of the work done with the knowledge and assent of the deceased, its value, etc. The evidence offered by plaintiff was intended to establish an implied contract, and thus fix defendant’s liability. This contract, if established, would be based upon the personal relations and transactions between the parties. The performance of the labor by plaintiff, assent thereto, or other facts which would raise an implied promise of deceased to pay for it, would amount to a personal transaction between them. But a party to an action cannot be permitted to give evidence in order to establish such a transaction, when the adverse party is an administrator, executor or heir at law. Code, Sec. 8639.. , The evidence was properly excluded.
Eor the same reason the court properly excluded plaintiff’s evidence establishing the non-payment of money advanced by her on account of the deceased, which was á part of the claim in the case.
III. It is insisted that the evidence fails to support the verdict. The evidence is contradictory, and the preponderance may be in favor of plaintiff, but there is no such absence of proof on the side of defendant as to authorize the inference that the verdict was not the result of an intelligent and unbiased exercise of discretion on the part of the jury. We cannot, therefore, disturb the judgment.
Affirmed.