71 Iowa 425 | Iowa | 1887
As stated above, there was no direct evidence tending to contradict the testimony of intervenor and his father as to the making of the contract; but" the burden was on him to establish that the sale was supported by a valid consideration. There was no question as to the rendition of the services; but, under the rule as settled in this state, he was required to prove that they were rendered under an agreement that they should be paid for. Now, the court could not assume that the making of the agreement was proven simply because the testimony which tended to prove it was not contradicted by any direct evidence. There were circumstances disclosed by the testimony of intervenor and his father, which were .proper to be considered by the jury in determining whether
As we reverse the judgment on this ground, we will not consider the question whether the verdict is sustained by the evidence.
Reversed.