In Carlson v. Vondrak, 555 N.W.2d 238, 240 (Iowa Ct. App. 1996)the plaintiff contended on appeal contrary to the district court's conclusion that defendant's wife was his partner. The Court noted that apparently for the first time on appeal plaintiff pointed to the fact that defendant alleged in their petition and in its amended petition Carlson and his wife were partners and defendants in answering both pleadings admitted they were. Id. at 240. The Court found a partnership saying defendants were bound by their admissions. Id.