Johnson v. Peterson

Plaintiff brought this action, as administratrix, to recover the alleged balance due on a contract between defendant and Oscar Anderson, deceased. Defendant cross-complained to recover a payment allegedly made to plaintiff by mistake. The jury returned a verdict denying plaintiff recovery and awarding defendant the amount for which she cross-complained. Plaintiff has appealed from the judgment entered on this verdict, and directs her assignments of error to the denial of her motion for a new trial.

The issues of fact, outlined in the instructions to the jury, are as follows:

Plaintiff alleged…