Hess v. Dicks
Supreme Court of Iowa
Appeal from Woodbury District Court. — W. G. Sears, Judge. ActioN at law, to recover $840 rent for plaintiff’s farm. The' defense was a plea of settlement by sale of personal property by defendants to the landlord for the full amount of the rent, and that the property so conveyed was more than plaintiff’s claim. Defendants asked to recover on their counterclaim for the difference. Trial to a jury. Verdict and judgment for defendants for $23.10 on their counterclaim.
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Appeal from Woodbury District Court. — W. G. Sears, Judge. ActioN at law, to recover $840 rent for plaintiff’s farm. The' defense was a plea of settlement by sale of personal property by defendants to the landlord for the full amount of the rent, and that the property so conveyed was more than plaintiff’s claim. Defendants asked to recover on their counterclaim for the difference. Trial to a jury. Verdict and judgment for defendants for $23.10 on their counterclaim. The plaintiff appeals.
1Opinion of the CourtPreston, J.
i landlord and payment-denoe. The case has been here before. Hess v. Dicks, 181 Iowa 342. The general facts are there stated, and will not be now repeated. The case was tried on a somewhat different theory at the last trial. Defendants amended their answer, after the reversal, and alleged, and now claim, that there were not two contracts between the parties, but that it was one entire transaction, including the team of horses. The instructions given by the trial court are not before us on this appeal. We assume that they *379were appropriate and applicable to the issues and the theories of the…
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