Employers' Liability Assur. Corp. v. Eckert

(after stating the case as above).

Appellant insists the trial court erred when he overruled its motion that he instruct the jury to return a verdict in its favor against Eckert and appellee Dolly Mingus.

The contention, so far as it applied to Eckert, need not be further noticed, for he is not a party to this appeal.

So far as it applied to Dolly Mingus, the contention was based on the view that it appeared she had paid Ellis in advance for the work he was to do, whereas by the terms of the contract between them she was not to pay him therefor until same was completed; and the view that Dolly…