Conner v. District Township of Ludlow
Supreme Court of Iowa
Appeal from, ALlamaltee JDisi/rict Oowrt. Action for the recovery of $24, an alleged balance due plaintiff for teaching a public school six months at $28 per month. Answer that the contract was made on the part of the sub-director without authority, and was never approved by the board, and that, after the rejection by the board of the contract, the plaintiff agreed to teach the remaining three months for $20 per month. Trial by the court. Judgment for plaintiff.
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Appeal from, ALlamaltee JDisi/rict Oowrt. Action for the recovery of $24, an alleged balance due plaintiff for teaching a public school six months at $28 per month. Answer that the contract was made on the part of the sub-director without authority, and was never approved by the board, and that, after the rejection by the board of the contract, the plaintiff agreed to teach the remaining three months for $20 per month. Trial by the court. Judgment for plaintiff. Defendant appeals. The necessary facts are stated in the opinion.
1Opinion of the CourtDay, J.
l pbacuce: waiver. I. Defendant assigns error upon the overruling of the demurrer to the petition. After the demurrer was overruled the defendant filed an answer, and thus waived the right to have a review of the propriety of such ruling.
8. Evidence: admission of copies. II. The contract under which the service was rendered having been admitted in evidence, it was disclosed upon cross-examination of plaintiff’s witnesses that __ ... the paper ottered was a copy or the original contract.
Thereupon the defendant moved to strike said contract from the testimony and consideration of the jury, for…
2Cited by2 opinions
- Hull v. Independent School DistrictSupreme Court of Iowa · 1890
- Hawkins v. RiceSupreme Court of Iowa · 1875