38 Iowa 81 | Iowa | 1874
The instructions to the jury were entirely fair and correct. They need not be set out in full. The court told the jury, in 3^, Statute oi substance, that the giving of tlié note was precontract ' sumptive evidence of a settlement of the accounts between tbe parties, and tlie defendant must overcome it by evidence tliat bis counter claim was not settled; that if tlie services were rendered under a parol agreement, and were not to be paid for till the death of Hannah Backus, then the statute would not begin to run till her death; but if no such agreement was proved as to the time of payment, and the services were rendered more than five years before the commencement of the action, the statute would bar the counterclaim therefor.
We do not discover any error of law in the proceedings, and must therefore order the judgment
Affirmed.