Wachal v. Davis
Supreme Court of Iowa
Appeal from Buchamm District Court. — Hon. F. C. Platt, Judge. Action at law upon an oral agreement by defendants to sign three promissory notes for $50 each, to be given to and accepted by plaintiff in payment for a binder, and that defendant Hand should become responsible therefor. It is alleged that plaintiff relied solely upon the agreement of Hand and let Davis have the machine. A further statement of facts appears in the opinion.
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Appeal from Buchamm District Court. — Hon. F. C. Platt, Judge. Action at law upon an oral agreement by defendants to sign three promissory notes for $50 each, to be given to and accepted by plaintiff in payment for a binder, and that defendant Hand should become responsible therefor. It is alleged that plaintiff relied solely upon the agreement of Hand and let Davis have the machine. A further statement of facts appears in the opinion. There was a judgment against Davis by default; trial to a jury as to Hand, and a verdict and judgment against him, from which he appeals.
1Opinion of the CourtPreston, J.
A further statement of facts, briefly stated, and which the jury could have found established by the evidence, is that during the year 1911 the defendant Davis was a tenant of the defendant Hand, both living on the same farm. The small grain on the farm was raised on shares. Appellant Hand had a mortgage on Davis’ share of the grain and received at least a part, if not all, of the money received for the grain when it was sold. The plaintiff was in the agricultural implement business. On May 20, 1911, Davis went to the plaintiff and signed a written order for a binder. It seems that plaintiff…
2Cases cited3 opinions
- Kennell v. BoyerSupreme Court of Iowa · 1909
- Frohardt Bros. v. DuffSupreme Court of Iowa · 1912
- Houdeck v. Merchants & Bankers InsuranceSupreme Court of Iowa · 1897
3Cited by4 opinions
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- Koht v. DeanSupreme Court of Iowa · 1935
- Maresh Sheet Metal Works v. N. R. G., Ltd.Supreme Court of Iowa · 1981
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