Elliott v. Egyptian Power Co.

Mr. Presiding Justice Myers

delivered the opinion of the court.

This is an action in assumpsit on special contract, brought by appellant against appellee in the County Court of Williamson county. Issues were joined and the case tried by jury. At the conclusion of plaintiff’s evidence, the court instructed the jury to find the issues for the defendant. On the trial of the case, and in the offer of evidence in proof of the alleged agreement, it developed that a writing had been signed by the plaintiff, and this being produced the court ruled that evidence in proof of a verbal agreement was…