190 Iowa 476 | Iowa | 1920
Please forward by R. I. R. R.
To L. R. Marr,
At Ainsworth
Postoffiee, Ainsworth, R. F. D. No.
The following goods F. O. B. Harlan, Iowa.
One feeder............$36.50
Terms by Total $
Witness, E. W. Stuart.
L. R. Marr.
(Signature of Purchaser.)
“No verbal conditions recognized. All stipulations must be embodied herein. This order is not subject to countermand. Retain this copy for future reference.”
The above is the order for the sale in question. Remittances were made by defendant to Hamilton from time to time in September, October, and November, 1918, and perhaps at other times. The remittance usually included several sales; and one, dated October 21st, amounted to $220.
It is not claimed by defendant that he remitted the $22 due Hamilton on account of the sale to Marr. Defendant sold the automobile for $250, which sum he .retained; and, some time in November or December, quit work, and did not further communicate with Hamilton until January 8, 1919, when he wrote him a letter from Sterling, Illinois, admitting that he had done wrong, inclosing a note for $500, and asking forgiveness and an opportunity to resume work for him.
The principal defense urged upon the trial was that the relation between Hamilton and defendant was that of debtor and creditor, and not that of principal and agent; that, at most, defendant was guilty of a breach of trust. The facts, however, clearly show that the defendant was employed to sell the feeders for Hamilton, and that he did not purchase and sell the same upon his own account. Orders therefor were taken by defendant and forwarded by him to Hamilton, who shipped the feeders directly to the purchaser. The money remitted by the defendant was collected by him from the purchaser, and the feeders were shipped by Hamilton upon receipt thereof. Each of the orders
The court submitted to the jury defendant’s theory of the relationship between the parties, instructing it that, if it appeared from the evidence that it was that of debtor and creditor only, and not that of principal and agent, the defendant should be acquitted. The .evidence abundantly sustains the finding of the jury, and clearly shows that the defendant was the agent of Hamilton. 1 Clark & Skyles on the Law of Agency, Section 8; Walton v. Dore, 113 Iowa 1; Van Sandt v. Dows & Co., 63 Iowa 594; Norton & Co. v. Melick, 97 Iowa 564.
V. Numerous points touching the conduct of the case and the theory upon' which it was submitted to the jury by the court are covered by assignment of error, and in argument by counsel for appellant. We have given careful consideration to all matters discussed, or that could have a material bearing upon the question whether defendant had a fair trial, but have already discussed all that we deem of sufficient merit to require consideration. The guilt of the defendant is, in our opinion, fully established, and, so far as disclosed by the record, he had a fair trial. As we find no reversible error in the record, the judgment of the court below is — Affirmed.