Chi. Cottage Organ Co. v. Erbe

• Decision Date: 12 April 1902
• Citation: 90 N.W. 66
• Parties: CHICAGO COTTAGE ORGAN CO. v. ERBE ET AL.
• Court: Iowa Supreme Court

90 N.W. 66

CHICAGO COTTAGE ORGAN CO.

v.ERBE ET AL.

Supreme Court of Iowa.

April 12, 1902.

Appeal from district court, Polk county; C. A. Bishop, Judge.

Action on a note of Hugo Erbe, executed in payment of a piano, and to establish the judgment obtained as a lien against a certain lot belonging to his wife, Emma C. Erbe. Judgment and decree as prayed, from which the defendants appeal. Affirmed.Charles S. Bradshaw, for appellants.

C. C. & C. L. Nourse, for appellee.

PER CURIAM.

The piano was procured November 23, 1898. Was this under an agreement of sale or lease? The defense was that the note, stipulating for monthly payments of $7 each, was executed in blank, at the agent's request, merely as a matter of form, and a written statement made by said agent at the same time to the effect that the piano was in fact rented at $5 per month; and that such was the agreement Erbe so testified, and that the alleged statement had been burned with his bond. He is somewhat corroborated by the circumstances proven. The agent denied making any separate written statement, and testified the piano was taken by virtue of a sale and the note executed for the purchase money. The witnesses were before the court, each was somewhat corroborated, and, though not without doubt, we hardly feel warranted in disturbing the findings made by that tribunal. The note became due by reason of the default in meeting the payments as they matured.

Judgment and decree affirmed.