58 Iowa 664 | Iowa | 1882
The record does not disclose that any exceptions were taken to the instructions when given. And no reason is given for the exceptions ip the motion for a new’ trial, as required by section 2789 of the Code. See Hall v. Gibbs, 43 Iowa, 380.
It is true it is stated in a motion for a new trial that “the court erred in its charge to the jury, e'xcepted to at the time by the plaintiff.” This is no more than the plaintiff’s statement, in a general way, that he excepted to the charge at the time it was made. If the motion for a new trial does not state the ground of exception, and exceptions made at the time the instructions are given are relied upon, the record made when the instructions were given should show the exceptions and show what part of the charge is excepted to.
The plaintiff ought not to be allowed to thus interfere with the performance of the contract and take the work upon himself, and then recover damages because the defendant failed to husk and crib the corn. The jury found that the defendant was discharged from his obligation to gather the crop, because of the subsequent arrangement, and we believe that they were warranted in finding from the evidence that the plaintiff waived the performance and undertook to harvest, and did harvest, at least a part of his share.
Affirmed.