Baltimore & OR Co. v. Foar

SPARKS, Circuit Judge.

This was an action by appellee to recover damages for breach of an oral contract. The jury returned a verdict for $4500, upon which a judgment was rendered, and from that judgment this appeal is prosecuted.

The errors assigned and relied upon are (1) overruling appellant’s demurrer to the complaint, (2) refusing to direct a verdict for appellant at the close of the evidence, and (3) failure to give to the jury appellant’s requested instruction to find for the appellant.

The material allegations of the complaint are in substance as follows: Appellant, a railroad corporation…