D'Arcy Spring Co. v. Ansin

Appellee as plaintiff below recovered a judgment against appellant, defendant below, for $10,910.48 on a verdict for that amount returned in obedience to a peremptory instruction given by the court. The only error assigned is overruling the motion for a new trial, under which appellant calls in question the direction to return a verdict for the plaintiff for $10,910.48, and also insists.that the verdict is not sustained by sufficient evidence and is contrary to law, and that the amount of the recovery was too large.

The complaint was in three paragraphs. The first was a “common count” for…