111 Iowa 329 | Iowa | 1900
This action is based on an alleged breach of promise to marry, said to have been made December 2, 1895, and cemented by sexual intercourse two days later, resulting in the birth of a child August 26, 1896. Prior to all this however, in the springtime of 1893, there had been an indefinite arrangement to marry in the fall. Plaintiff was then a girl of sixteen years, and the defendant thirty years old. According to her story, they had become unduly intimate in August or the forepart of September of that year, and1 later she had gone to Mills county to remain until a child was born. He fixed October 1st as the date of their first improper relations, and declared he was not to marry her unless the child bame after July 1, 1895. The time of the baby’s birth is in dispute; she insisting it was born June 3d, and he that this occurred April 13th. She returned to her home in January, 1895, and thereafter no conversation was had concerning matrimony, nor were their previous relations resumed prior to the date first mentioned. The evidence bearing on the main issue (i. e. whether they became engaged to marry December 2, 1895) is in conflict, and the jury’s verdict is final.
III. One of the defenses interposed was that plaintiff was engaged to George Downing and unduly intimate with him at the time of, and for some months after, the alleged engagement with defendant. Downing testified to .having made arrangements with one Davis for a house to live in, and to which the plaintiff had assented. Davis was asked whether Downing had arranged with him to rent a house. Por the reasons above stated, there was no error in excluding this evidence.