Hirtz v. Koppes

The suit is in equity triable de novo. At the conclusion of plaintiff’s evidence in the court below the de fendant moved to dismiss. He thereby chose to rest his case on plaintiff’s evidence and is bound by the facts as proven thereby. Haggin v. Derby, 209 Iowa 939, and cases there cited. The testimony offered in behalf of plaintiff is not inherently incredible. On the contrary it is reasonable and in accordance with the implications of law from admitted facts. The evidence, so far as material, shows that plaintiff and his brother had a farm sale in 1912. Yarolem bought property at that sale…