93 Iowa 517 | Iowa | 1895
The following is the instrument on which the action is based:
“Carroll, Iowa, February 26, 1891. In consideration of Dr. J. Donnelly purchasing the Guthrie farm, in section twenty-three, township eighty-four, range thirty-five, adjoining the town of Carroll, Iowa, and' constructing thereon a kite r'aoe course, with fence and amphitheatre, all in good workmanlike manner, suitable for the best racing purposes, and maintaining same for ten years, if he live that length of time, we, the undersigned, do subscribe the amount set opposite our names, as a fund to assist in said construction. The-amount to be at once paid into some bank at Carroll, Iowa, and to be drawn out and controlled by a committee of three, one of whom shall be Dr. J. Donnelly,*518 said committee to be elected by ourselves; the total sum to be $2,100.
Names. Amount.
W. T. Minclien.$500 00
Kentner & McLagan... 100 00”
—And others too numerous to mention.
Defendant filed a motion to require plaintiff to set out the name of each subscriber, the amount subscribed by each, and the detached papers referred to in the petition, which the court overruled. The defendant then filed an answer containing what are treated as eight counts. The plaintiff moved to strike out all except the first count, which was- a general denial, and the court sustained the motion. Complaint is made of thfe ruling of the court in each particular.
As to the motion to require plaintiff to set out the names, amounts, etc., we think appellant cannot now complain. The petition contains but a single count,