Keys v. Francis
Supreme Court of Iowa
Appeal from, Wvnneshiek District Court. Action to recover the value of work and labor done by plaintiff for defendant. Verdict and judgment for plaintiff.
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Appeal from, Wvnneshiek District Court. Action to recover the value of work and labor done by plaintiff for defendant. Verdict and judgment for plaintiff. Defendant moved the court for a new trial on the ground that the verdict was contrary to the evidence; that the defendant was taken by surprise at the trial; that he discovered new evidence after the trial; and that certain witnesses were not permitted by the court to testify after the evidence was closed, and the arguments of counsel had been made. The motion was overruled. Defendant appeals.
1Opinion of the CourtBeck, J.
1. PMADnra: count. I. The plaintiff claims, in his petition, to recover $621.55 upon an account for $996.50. The account sets out certain payments or credits, leaving a balance, however, to the amount for which judgment is claimed, which is not stated to be a balance, but to be the amount due plaintiff for work, etc., as shown in the account. Because the amount claimed is not alleged to be a balance on the account, defendant insists that the allegations of the petition were not sustained by the proof, which showed that the sum claimed was in fact a balance of an account. It is true, that the…
2Cited by2 opinions
- Clifford v. Denver, S. P. & P. R.Supreme Court of Colorado · 1888
- Harper v. KurtzSupreme Court of Iowa · 1919