Daly v. Gregg

*507The opinion of the court was delivered by

West, J.:

The plaintiff sued for $1955.10 on an account for labor and material. The defendant denied the indebtedness and claimed that the plaintiff owed him $684.99. At the close of a jury trial lasting five days a verdict was returned in favor of the plaintiff for $1290.01 and a new trial was asked for on the grounds that the defendant was not offered a reasonable opportunity to present his evidence and be heard on the merits, and newly discovered evidence. The motion was denied and from this ruling the defendant appeals.

As to the first ground the…