164 Iowa 360 | Iowa | 1914
A further statement of facts, briefly stated, and which the jury could have found established by the evidence, is that during the year 1911 the defendant Davis was a tenant of the defendant Hand, both living on the same farm. The small grain on the farm was raised on shares. Appellant Hand had a mortgage on Davis’ share of the grain and received at least a part, if not all, of the money received for the grain when it was sold. The plaintiff was in the agricultural implement business. On May 20, 1911, Davis went to the plaintiff and signed a written order for a binder. It seems that plaintiff was not willing to extend credit to Davis alone. By the terms of the order the binder was to be paid for by giving to plaintiff three approved notes for $50 each, payable September 1, 1911, 1912, and 1913. Between the 4th and 7th of July, 1911, Davis and Hand came together to the plaintiff’s place of business. Plaintiff was absent at the time, and W. H. Ossman was in charge of the business. Ossman told Hand that the plaintiff, Wachal, had instructed him not to let the machine go until he (Hand) had agreed to pay for it. Hand said, “My grain is ripe, and we must' have the binder.” Then Ossman told Hand that Wachal, the plaintiff, was away and had the notes to be signed with him, and that he (Ossman) had not been accustomed to fixing up the papers, and that, if Hand would agree to sign the notes, then they might have the binder. To this Hand replied that he surely would do so, that he was good for the binder, and that he would come in in a few days and fix it up, and Hand said that he would jsee that the binder would be paid for. Upon the strength of these statements, the binder was taken away by Hand and Davis. It was never paid for, and the defendant Hand refused to give his notes as orally agreed. Davis did not sign the notes. On the trial of the case the defendant Hand moved for a directed verdict, on the ground that the case made by the plaintiff was within the statute of frauds. The evidence was objected to on that ground. The question thus presented was whether there was evidence
Furthermore, it is contended by appellee, and we think his claim is correct, that there was evidence from which the jury may have found that the leading object of Hand was not to become surety for Davis, but to promote or subserve his own interest, and that therefore his oral promise to pay is
It is doubtful whether the statement was such an offer of compromise as that it should have been excluded. Not all admissions made during negotiations of settlement are excluded. Admissions of distinct facts during such negotiations have been held to be proper. There is nothing in the evidence to show that the statement of defendant would not have been made except for the purpose of the negotiations, or that it was made by defendant for the purpose of buying his peace. Jones, Evidence (Pocket Ed.) section 291; Kennell v. Boyer, 144 Iowa, 303; Houdeck v. Insurance Co., 102 Iowa, 303-308.
But aside from this, when the evidence was received, it did not appear that the statement was made by defendant while plaintiff was trying to secure the signature of defendant to the notes, or pay for the machine; or, as defendant claims, in the attempted settlement. That objection was made, and later a proper motion to exclude; which was denied. The
We find no error, and the judgment is — Affirmed.