Ball v. Davenport
Supreme Court of Iowa
Appeal from Keokuk District Court. — Hon. Henry Silwold, Judge. Action to recover $350.00 for alleged services in procuring a contract for the exchange of property. The contract was got, but the properties were not exchanged.
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Appeal from Keokuk District Court. — Hon. Henry Silwold, Judge. Action to recover $350.00 for alleged services in procuring a contract for the exchange of property. The contract was got, but the properties were not exchanged. Under the record, one Billiot, the person who contracted with defendant for the exchange, was in default for failing to furnish such an abstract as the contract required, and it has been adjudicated that on account of such default he could not compel this defendant to perform. The verdict of the jury awards plaintiff the full amount of his claim, and defendant appeals.
1Opinion of the Court
J. Salinger,
1. Trial : motion for directed verdict: adverse ruling: failure to renew motion : waiver. I. Much of which defendant complains is presented by exceptions to the overruling of a motion by defendant that verdict be directed for him. Appellant did not stand upon this motion. He introduced testimony after the motion was overruled, and did not renew same at the close of all the testimony. It is settled in this court that this waives the motion, and that, therefore, no error involved in denying same is available on this appeal.
II. The ultimate dispute is this: Plaintiff claims that his…
2Cases cited2 opinions
- Greusel v. DeanSupreme Court of Iowa · 1896
- Reynolds v. PraySupreme Court of Iowa · 1910
3Cited by10 opinions
- Oregon Home Builders v. Montgomery Inv. Co.Oregon Supreme Court · 1919
- Mueller v. St. Ansgar State BankSupreme Court of Iowa · 1991
- Wilson v. ElseSupreme Court of Iowa · 1927
- Gaut v. DunlapCourt of Appeals of Texas · 1916
- In Re Klepper's EstateSupreme Court of Iowa · 1953
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