Philip Hiss Co. v. Pitcairn

AGHESON, Circuit Judge.

The plaintiff company sued for a balance claimed to be due to it under five written contracts for decorating, furnishing, and refitting the defendant’s dwelling house, and also for the value of some extra work and articles not within the contracts. The whole claim in suit was about $49,000, exclusive of interest. The jury found for the plaintiff in the sum of $44,114.10. The defendant moved for a new trial, assigning five reasons, in support of his motion. At the hearing of the motion, the first reason, namely, “The verdict was against the evidence in this case,” was…