Wilber v. Scherer

This action was brought by the appellee, against the appellant, on an ordinary hook account. The appellee sought to recover an alleged balance of $209.45. Appellant answered in two paragraphs: first, general denial; second, payment. A trial by jury resulted in a verdict and a judgment in favor of appellee for $92.00.

The only error assigned is the action of the court in overruling appellant’s motion for a new trial.

Two questions only are argued in this court, to-wit:

1. The admission of improper evidence.

2. That the verdict is excessive, the recovery being too large.

We have carefully read the…