Federal Schools v. Barry

• Decision Date: 03 April 1923
• Docket Number: 35203
• Citation: 192 N.W. 816,195 Iowa 703
• Parties: FEDERAL SCHOOLS, Appellant, v. LOUIS A. BARRY, Appellee
• Court: Iowa Supreme Court

192 N.W. 816

195 Iowa 703

FEDERAL SCHOOLS, Appellant, v. LOUIS A. BARRY, Appellee

No. 35203

Supreme Court of Iowa, Des Moines

April 3, 1923

Appeal from Clinton Municipal Court.--HOMER I. SMITH, Judge.

Affirmed.

F. L Holleran, for appellant.

John E Purcell, for appellee.

WEAVER J. PRESTON, C. J., STEVENS and DE GRAFF, JJ., concur.

OPINION

THE opinion sufficiently states the nature of the case.--Affirmed.

WEAVER J.

This action is brought at law, to recover upon an alleged written contract. The appellant's claim is to the effect that, on March 2, 1920, it entered into a written contract with defendant, whereby defendant promised to pay plaintiff the sum of $ 125 for "a scholarship in applied cartooning;" that plaintiff has performed all its part of the contract; that defendant has paid thereon $ 23; and that there is due and unpaid a remainder of $ 102, for which judgment is demanded. The defendant admits having paid "some sums of money" to plaintiff's attorney, but denies each and every other allegation of the petition. He further pleads that, on the date in question, he was a minor, under the age of 21 years, and denies having received consideration for such contract. He still further pleads that the alleged contract sued upon was obtained by fraud and false representation. A jury being waived, the issues came on for trial to the court, and plaintiff called the defendant as a witness in support of its demand, and, presenting the alleged written contract, asked the witness: "Is that your signature on that contract?" The answer was: "I couldn't swear whether it is my signature or not." He admitted that he signed a contract with the plaintiff, but could not swear that the signature shown him was his. Further testifying, the witness said that he had made payment to plaintiff or its counsel to an amount which he estimates at $ 25. Following this testimony, plaintiff offered in evidence the writing, to which offer the defendant objected, on the ground that no proper identification or foundation had been made for its introduction. Ruling upon this objection was reserved by the court, and none was thereafter made or requested by either party. No other evidence was introduced or offered on either side. The court found for the defendant, and entered judgment against plaintiff for costs. Plaintiff appeals. Under the record made, no other judgment was legally possible.

I. In the first place, the contract sued upon was never admitted in evidence. An offer of it was made, but, it being duly objected...