70 Iowa 609 | Iowa | 1887
I. The plaintiff seeks, in an amended and substituted petition, to recover for shelling 50,500 bushels of corn, at one and a half cents per bushel. The defendant admits in his answer that plaintiff shelled 32,000 bushels at the price named, but alleges that the parties had a settlement for the shelling of the corn, and of all the accounts between them, and there was found due defendant, $94, but no counter-claim is pleaded, or judgment for any sum demanded, by defendant. The jury found for plaintiff in the sum of $122.50.
III. The defendant insists that the evidence shows that plaintiff was paid for the work which is the foundation of the
IY. The plaintiff, upon the cross-examination, was asked: “Who told you to bring this suit against him, [defendant]?”
Y. Counsel for defendant insist that an instruction given to the jury is erroneous for the reason that it does not direct
VI. There was evidence introduced by defendant tending to show that the parties agreed to estimate the amount due
VII. The court directed the jury as to the facts which would authorize them to find -a settlement, which was
Aefiemed.