Retail Merchants Service v. John Bauer & Co.

After trial in the district court, each party moved the court for a directed verdict. The jury were thereupon discharged, and the court sustained the motion of the defendants and dismissed plaintiff’s action for want of proof of its corporate existence.

Plaintiff is engaged in supplying retail merchants with advertising material. Its principal place of business is Des Moines, Iowa. The defendants operate a garage at Plattsmouth, Nebraska. On December 3, 1929, a solicitor for plaintiff secured the defendants’ signature to a monthly advertising service, for which they agreed to pay $18 a month…