Huston v. Green

On Petition for Rehearing.

— The declaration herein contains common counts and a special count setting up a breach of contract. The defendant pleaded that he never was indebted as alleged, and that he did not promise as alleged. Both parties adduced evidence. The court “instructed counsel for the respective parties that the defendant had the concluding argument to the jury, and counsel for defendant did make the concluding argument to the jury.” Verdict was rendered for the defendant.

A motion for new trial was granted “because the court is of the opinion that plaintiff was deprived of a…