Shaffer Bros. v. Warren

• Decision Date: 13 February 1905
• Citation: 102 N.W. 497
• Parties: SHAFFER BROS. v. WARREN.
• Court: Iowa Supreme Court

102 N.W. 497

SHAFFER BROS.

v.WARREN.

Supreme Court of Iowa.

Feb. 13, 1905.

Appeal from District Court, Guthrie County; Edmund Nichols, Judge.

Action to recover money due on account. Counterclaim for services rendered. Trial to jury. Verdict for defendant for $79.50. From judgment on the verdict, plaintiffs appeal. Affirmed.C. E. Berry and Milligan & Moore, for appellants.

PER CURIAM.

The court correctly held that the burden of proof was on the defendant, for the indebtedness of defendant to plaintiffs on the account set out in the petition was fully admitted by the pleadings, and the defendant therefore was entitled to the opening and closing.

Evidence tending to support plaintiffs' cause of action was properly excluded on defendant's objection, for after the plaintiffs' claim was admitted there was no occasion to introduce evidence in its support. So far as the evidence which plaintiffs sought to introduce had any bearing on the question of settlement of defendant's claim, it was allowed; but, even if it had been rejected, there would have been no error, for no issue as to settlement was raised by the pleadings. The reply of plaintiffs was simply a denial of defendant's allegations as to his counterclaim; and by denial the issue raised was as to the original existence of the cause of action set up in the counterclaim, and not as to any settlement or adjustment thereof. Other objections as to rulings on the admission of evidence are not well taken, and it is unnecessary to discuss them in detail.

No complaint is made of the instructions, and the verdict finds support in the evidence.

The judgment is affirmed.