Syfert v. Solomon

TUTTLE, J., pro tem.

This is an action to recover damages for breach of contract on the part of defendant to marry plaintiff. The trial was had before a jury and damages in the sum of $40,000 awarded plaintiff. The appeal is from the judgment upon the verdict.

Upon the oral argument appellant moved the court for permission to offer proof that respondent herein was a married woman during all the times mentioned in her complaint. The trial was had before a jury, and under such circumstances an appellate court is not permitted to receive additional evidence of this character or to make any finding…