Bein v. Blazejczyk

This is an appeal by the plaintiff from a judgment in favor of defendant entered on the verdict of a jury. The facts were stipulated, and upon such stipulation the court instructed the jury to find a verdict for the defendant.

The error urged is the giving of the instruction. The facts in brief are that in July, 1914, plaintiff sued the defendant for goods sold and delivered. The defendant in his affidavit of merits admitted that $80.96 of the amount sued for was due and owing. The plaintiff thereupon took judgment for that amount and the case was ordered to proceed to trial as to the balance…