Gould v. Gerkin

The original case was commenced by John D. Gerken to recover damages growing out of a contract of sale of all the corporate stock of the Marshall-Gerken Company. The trial resulted in' a judgment in favor of the plaintiff for $11,856.65, and •this proceeding is brought to secure a reversal of that judgment. A jury was impaneled and substantially all of the evidence adduced in the presence of the jury, but, ultimately, by agreement of parties, a jury was waived and the case submitted to the judge to determine the facts and the law, although the action was one at law and not in equity.

The…