Anderson, Exr. v. Houpt

LEMERT, J. ,

The errors complained of are as follows:

1. Error in admission of the alleged account.

2. Claim is made that no contract either express or implied, was proven.

3. Error in giving a charge based on circumstances.

4. The verdict was against the weight of the evidence.

5. Error in excluding James H. Kincaid as a witness and his testimony.

After an examination of the record in the instant case, we are of the opinion and so find that there is no error on the first, third and fourth grounds.

As to the second claimed error, to-wit: That there was no contract express or implied proven presents a…