McComas v. Haas

— In this case the appellant sued the appelleein a complaint of two paragraphs. The first paragraph counted upon a promissory note; and in the second paragraph, the-appellant declared upon a note and a written contract, which were parts of one and the same transaction. The cause was put at issue and tried by a jury, and a special verdict was returned, in substance, as follows:

“ We, the jury, being requested to find a special verdict on the facts in this cause, do find the following facts, viz,:

“ 1. That the note and contract, mentioned in plaintiff’s-complaint, were executed by and between…