Weiland v. Ehlers
Supreme Court of Iowa
Appeal from Pottawattamie District Court. — Iíon. A. P. Thornell, Judge. Erom the petition, answer, and counterclaim, and the amendments thereto, and the reply, it appears that this is an action for an accounting, and that the defendant pleads full settlement, which the plaintiff denies. Verdict and judgment were rendered in favor of the plaintiff for two hundred and forty-seven dollars and eighteen cents. Defendant appeals.
1Opinion of the CourtGiven, J.
I. Plaintiff was indebted ' to various parties, some of whom held mortgages on his personal property as security. At plaintiff’s instance the defendant paid certain of these claims, and on account thereof, and of other indebtedness from the plaintiff to the defendant, the plaintiff, at different times, delivered to the defendant corn, hogs, and other personal property. There are issues as to the items and amounts claimed by each and as- to whether there was a full settlement. The court instructed the jury that, if there was a settlement between the plaintiff and defendant, it would be a bar…
2Cited by1 opinion
- Boyd v. Buick Automobile Co.Supreme Court of Iowa · 1917