Dillon v. Nicodeme

NEALON, Chief Justice.

A. E. Dillon, a chiropractor, sued F. M. Nicodeme, another chiropractor, upon an alleged breach of contract. Damages were laid at $5,000, and an injunction was sought to prevent Nicodeme from further practicing his profession in and near the City of El Paso. A jury was impaneled. To it was submitted the single issue, “Do you find that the defendant suspended' practicing chiropractic in El Paso from June 1, 1937 to June 14, 1937?” The answer was, “No.” No other issues were requested. Judgment was entered in favor of defendant. Plaintiff appealed.

Plaintiff alleged and…