Ewers v. Montgomery

Milleh, Judge:

Plaintiff sued defendants jointly on the common counts in assumpsit, his bill of particulars filed with the declaration charging them as follows: .“1906, May 26, to iSTov. 1st, inclusive; Talcing options for coal, oil, gas, etc., $5.00 a day, $450.00. Off, credit, cash paid him, $10.00. Balance due Ewers, $440.OOP On the trial plaintiff obtained a verdict and judgment for $215.00, and costs. Montgomery alone sued out this writ, of error.

Three points of error are relied on. The first is the refusal of the court below to give defendants’ instruction to the jury number nine; the…