Gibbs v. Bardahl Oil Company

DALTON, Judge.

By this action plaintiff seeks to recover a judgment against defendant for $25,000, being the alleged reasonable value of plaintiff’s services to defendant, as rendered under the circumstances hereinafter stated. Verdict and judgment were for defendant, but the court set the judgment aside and granted plaintiff a new trial on the ground that the court erred in giving Instruction No. 4, requested by defendant. Defendant has appealed and here contends that “Instruction 4 correctly stated the law applicable to the facts of this case” and that the court erred in granting plaintiff a…