39 Iowa 694 | Iowa | 1874
The answer admits the execution of the notes and mortgage, and alleges that they were given for a threshing machine sold by plaintiff, as agent of Russell & Co.,
- On the second trial, the court made the following findings Of fact and law:
“ I find the following facts in the above entitled cause:
“ 1. That the consideration of the notes in suit was. a threshing separator sold by Russell & Co. to the defendant. *
.• “ 2. That at such sale plaintiff was the general agent for Russell & Co., and that Hughes was their special agent in-making the sale.
“ 3. That the separator was to be delivered to defendant at Postville, Iowa, July 25, 1869, and that it was not delivered till September 18, 1869.
“ 4. That the separator was to be adapted for use with a steam power. . •
“ 5. That Russell & Co. failed to furnish a jack for the purpose of connecting the steam power and the separator, and agreed to pay defendant for making it, and that defendant made one, and that it was reasonably worth $30.
“ .6. . That defendant sustained damages in consequence of' going to Postville and McGregor for the separator, on account bf plaintiff’s neglect to furnish it, and for expensés paid,in the sum of $23.
“ 7. That the steam power was not adapted for use with the separator, and that defendant sustained no damages in consequence of being deprived of the use of the separator from July 25 to September 18, 1869.
• - “8. That the notes were transferred by Russell & Co., to plaintiff after the sale of the separator. ' . (
• “ 9. That about the 24th day of October, 1870,,Hdghes.was
“ 10. That as such special agent, and without previous authority from his principal,' he received in payment from defendant personal property (not money) of the assessed value of $657.
“ 11. That such property when received by Hughes was on the place of one Krurn.
“ 12. That Hughes receipted for and took away with him $447 worth of said property, and arranged with Krum to allow the remainder of the property to remain on and near his farm till he could get the mortgage from plaintiff and' return for the property.
“ 13. That Hughes informed plaintiff what he had received in payment on the notes.
“14. That plaintiff refused to receive the property from Hughes, and required Hughes to pay to him in lieu of the property taken from Krum’s, the sum of $447, which amount was indorsed on the notes.
“ 15.1 That no notice was ever given to defendant that plaintiff did not approve of the act of Hughes in accepting the property in payment of the notes.
“ 16. That the plaintiff, by his silence and his act in receiving the benefit of his agent’s act, in part ratified his acts.
“I find the following conclusions in law:
“ That defendant is entitled to his judgment for costs, and judgment is made accordingly.
“C. T. Granger, Judge.”
The plaintiff assigns error in refusing to receive in evidence the sp>ecial findings and judgment in «the first trial, and in not finding that the defendant was estopped by such special findings in respect to the claim of $657, as a. payment on the notes in suit.
>. The questions .discussed by defendant, on his appeal, are also exclusively those of fact, based upon the evidence in the pase. What we have just said sufficiently answers and disposes of defendant’s appeal. Finding no error in the record which will authorize a reversal of the judgment, it will be
Affirmed.