Horner v. Holt

This action was instituted by Miles T. Holt, hereinafter called plaintiff, against W. A. Horner and Thomas G. Burch, for damages for alleged breach of contract. The first trial held on November 20, 1946, resulted in a mistrial. During the second trial on the 19th and 20th of February, 1947, the cause was nonsuited as to the defendant Burch. A verdict of $ 1,200 was returned against W. A. Horner, hereinafter referred to as defendant, and judgment entered thereon.

There are eleven assignments of error. To be better understood, they may be consolidated and set forth as follows: Defendant contends…