Krauskopf v. Krauskopf

• Decision Date: 21 May 1891
• Citation: 48 N.W. 932,82 Iowa 535
• Parties: WILLIAM KRAUSKOPF, Appellee, v. MARY KRAUSKOPF, Appellant
• Court: Iowa Supreme Court

48 N.W. 932

82 Iowa 535

WILLIAM KRAUSKOPF, Appellee, v. MARY KRAUSKOPF, Appellant

Supreme Court of Iowa, Des Moines

May 21, 1891

Appeal from Harrison District Court.--HON. C. H. LEWIS, Judge.

ACTION to recover amounts alleged to be due for rent and labor. There was a trial by jury, and a verdict and judgment for the plaintiff. The defendant appeals. Reversed.

REVERSED.

L. R Bolter & Sons, for appellant.

Charles Mackenzie and S. H. Cochran, for appellee.

OPINION

ROBINSON, J.

The plaintiff and his brothers, George, John and Jacob, and his sister Emma were the children of Jacob Krauskopf. The father and his wife died when the children were young, and after the death of their father the children lived with the defendant and her husband, who was a brother of the deceased father until after they attained their majority. They inherited from their parents eighty acres of land. The plaintiff seeks to recover for rent of his share of the land for several years specified, and for labor he performed for the defendant. He also seeks to recover, as assignee of the brothers and sister named, amounts alleged to be due for rent of their shares of the land, and for labor performed by John, Jacob and Emma. The defendant alleges that the plaintiff and his assignors lived with her as members of her family, and that whatever services they rendered for her they so rendered as such members, without any agreement for or expectation of reward, excepting at times when she hired them by special agreement, and that in such cases she fully paid them the amounts to which they were entitled. The defendant admits an indebtedness to Jacob Krauskopf for his share of the rent for the year 1888, and states that she is ready and willing to pay the amount due him. She denies all liability for rent excepting that admitted. By way of counterclaim she demands judgment for services rendered in caring for and renting the land in question. The plaintiff, in an amendment to his petition, alleges that the labor of the plaintiff and of each of his assignors was performed by them by virtue of oral agreements made between them and the defendant, by which the defendant agreed to compensate them for their labor in a reasonable amount. The jury found specially that there was nothing due the plaintiff for rent, but that he was entitled to recover five hundred and eighty-eight dollars for labor performed by himself and his assignors, and that the defendant was entitled to recover fifty dollars on her counterclaim. They returned a general verdict in favor of the plaintiff for five hundred and thirty-eight dollars. The defendant filed a motion asking the court to set aside the general verdict and render judgment in her favor for fifty dollars and costs. The motion was overruled, but judgment was rendered for an amount fifty-two dollars less than the general verdict.

The record submitted in this court does not show the evidence on which the case was tried. The questions for our determination are raised by the motion of the defendant for judgment. The court charged the jury, in regard to the right of plaintiff to recover for labor performed, as follows: "4. You are instructed that before the plaintiff can recover in this action you must be satisfied by a preponderance of the evidence that there was an express agreement between the plaintiff and the defendant for compensation for services or that there was such an express agreement between the defendant and one or more of the plaintiff's alleged assignors.

"5. You are instructed that if you find anything for the plaintiff on the alleged claim for services you can find only such an amount as he has shown by a preponderance of the evidence herein was expressly contracted for by the defendant; and if you find from the evidence that no such express contract was entered into by the defendant, or find that such express contract has not been shown by a preponderance of the evidence,...