25 Iowa 321 | Iowa | 1868
"Without entering into an-examination of the question made, it is sufficient-to say, that the uncontradicted testimony entitled plaintiff to fully as large a judgment as he recovered, after deducting the highest commission (twenty per cent). The property was shown to be worth .from $1,300 to $1,400; the judgment was $1,075.60; adding interest upon the lowest value of the property, according to appellant’s-claim and theory, would sustain ■the finding. Whereas, if governed by the decided preponderance of the testimony, the judgment is too small, even after deducting the alleged commission. We ‘will hot "reverse" a case and order a new trial for the rejection of testimony which, if admitted, could not change the verdict, and this conclusion we reach without conceding (which we are far from, doing) that the testimony was admissible.
There was a general exception to the judgment, but the court was never asked , by motion or otherwise to enter the alternative judgment. Hnder this general exception appellant cannot be heard to allege objections to the forth, of the judgment. That plaintiffs established their right to recover as against any objection of substance, we entertain no doubt.
Affirmed. ■