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Having been advised that Farmers Casualty would appeal, plaintiff was justified in concluding he need not do so.

State Farm Mutual Automobile Insurance Company, supra, 299 F.2d at 533. Allied Mutual Insurance Company, 210 N.W.2d at 844, 847 (Iowa 1973)), but plaintiff might have effected an advantageous settlement of his obligation, given the additional time an appeal would have afforded. Not only was there testimony concerning the probability of reversal (see Koppie v. Plaintiff might well have decided to go it alone if Farmers Casualty had determined not to appeal.

Of course, plaintiff, as well as Farmers Casualty, had a substantial stake in upsetting the judgment.Farmers Casualty argues Culver was an independent contractor and cites the general law that an employer is not liable for the negligence of an independent contractor.Such as the present one where one of the principals selected the agent, had complete control over the agent, and owed a fiduciary duty to the other principal." Counsel has cited us no case where this rule has ever been applied in a situation "National, however, contends that Lucas was also the agent of, that Lucas's conduct and knowledge therefore must also be imputed to, and that where one agent is acting for two principals with the knowledge and consent of both, neither is liable to the other for the acts of the agent.

We hold the claim for damages for these elements should have been withdrawn from the jury. Barnett, 241 Iowa 1066, 1068, 44 N.W.2d 382, 383 (1950): The meager statements of plaintiff concerning these items, without more, affords no basis upon which a jury could assess damages except by surmise and conjecture. Rule 344(f)(1), Rules of Civil Procedure Volkswagen Iowa City, Inc. We hold this testimony fails to meet our requirement that an issue must be supported by substantial evidence.