Thompson v. Maxwell
Supreme Court of Iowa
Appeal from Polk District Court. — Hon. Josiah Given, Judge. Action on an account for work and labor performed. Answer: (1) in denial; (2) pleading payment; and (3) that there had been a settlement of the account, and the balance due thereon ascertained, and that the same was paid. Yerdict and judgment for plaintiff, and defendant appeals.
1Opinion of the CourtReed, J.
i. appeal : evidence to support verdict. I. It was contended that the finding of the jury that any amount was due plaintiff is contrary to the evidence ; but there was a fair conflict ^ ^]ie evi¿Lencej and, under the settled rule, cannot interfere with the verdict on we that ground.
II. The court gave the following instruction:
2. settlement : of^ecápteby raro1- “ The burden is upon defendant to prove his allegation of settlement and payment by a preponderance of evidence. If there was a reckoning of accounts between them, and a result arrived • at, to which both agreed, that would be a full…
2Cited by2 opinions
- Yardley v. Iowa Electric Co.Supreme Court of Iowa · 1923
- State v. AmrineSupreme Court of Iowa · 1924