165 Iowa 386 | Iowa | 1914
Plaintiff and defendant entered into an oral agreement by which plaintiff undertook to cut the timber growing on a certain tract of land into poles, posts, and sawlogs, for which work he was to receive fifty cents per load for poles, two cents each for posts, and a price not stated for sawlogs. The petition alleges that under the agreement plaintiff did cut and prepare 1,500 loads of poles, 3,821 posts, and sawlogs to the valué of $32, making an aggregate earning of $858.42. Upon this account he gives credit for payments in the sum of $160 and demands judgment for the remainder of $698.42. By way of answer defendant admits the alleged agreement, but denies that plaintiff performed the amount of work for which he demands pay. As to the work actually done, the answer avers that “plaintiff only cut and hauled 271 loads of poles.” It further admits that plaintiff cut logs to the value of $32, and cut 3,944 posts, making an aggregate
Of the four errors assigned the first and second are to the effect that the verdict is not supported by and is contrary to the evidence. For reasons already stated these exceptions must be overruled. There was evidence on either side, and its weight and value were, as already stated, for the consideration of the jury.
The third error relied upon is that the verdict is excessive. There is nothing in the record upon which this conclusion can be reached as a matter of law. There was a wide difference in the estimates of the witnesses, and the jury apparently did discount plaintiff’s estimate to the amount of 560 loads, requiring defendant to pay for 940 instead of 1,500 loads. We are unable to say that this result is not to be fairly deduced from the evidence.
No reversible error appearing, it follows that the judgment of the district court must be, and it is — Affirmed.