101 Iowa 70 | Iowa | 1897
I. Many questions are discussed ■ relating to the rulings of the court upon the admission and rejection of testimony, and to the action’
■ II. At the conclusion of the evidence the defendant moved for a verdict in his favor, because the evidence established an estoppel. The motion was overruled, and Qrror is assigned thereon. The ruling was proper. It appears from the evidence that the fraud was not discovered until after payment had been made for the goods. It is true that prior to that time it was found that, in one or two cases, goods had been put in at a sum greater than the cost price, but the wholesale marking up of the cost price of the goods was not discovered until after the payment had been made. It cannot, therefore, be said that the plaintiff, in view of the knowlege he had, misled the defendant, or in any ■ way, by his acts, induced the defendant to change his position to his detriment. Even if it is a case where an estoppel might be pleaded and established, — a point not decided, — the evidence does not sustain such a plea.
III. After the verdict, the defendant filed a motion for judgment, notwithstanding the verdict, and in arrest of judgment, and for a new trial. This motion was overruled, and these rulings are assigned as error. The grounds of this motion were, in substance, that no fraud or misrepresentation had been shown; that the evidence did not show that the cost marks of the goods had been raised; that the verdict was contrary to the evidence, and was excessive. It is true, the defendant and Parker testified that the cost price of the goods had not been raised, but there