39 Iowa 347 | Iowa | 1874
Upon the trial the plaintiff introduced and read in evidence the deposition of a witness, who testified that plaintiff sold one machine to the defendant, Henrietta Billings, at the price of eighty-eight dollars; that subsequently, and on August 21, 1868, the plaintiff delivered to said defendant one machine under the contract with her as agent, of the value of fifty-two dollars and fifty cents, and received her note for it, which is the note in suit, and that her signature thereto is genuine, and was made in his presence. The plaintiff then offered in evidence a signature of the defendant, Henrietta Billings, admitted to be genuine, and the note in suit, and rested.
The defendants then introduced Henrietta Billings as a witness, and she testified that she never signed the note in suit. She was then asked by defendants’ counsel as to the number of machines she had received from plaintiff. To this the plaintiff objected, because it was contrary to the admissions, and was immaterial under the issues. The objection was overruled, and excepted to, and witness answered: “ I never purchased but one machine; I paid eighty-eight dollars for it; my mother and Earl Billings were present, and I gave no note for it.” Earl Billings then testified that he was present when the machine was purchased at eighty-eight dollars, and it was then paid for. Upon this the court found for defendants.
Reversed.