Clark v. Oldham

My disagreement with the court in this case goes to three matters. The opinion does not discuss or decide the principal error assigned and argued by the plaintiff in this appeal. It decides a matter argued and in my opinion does so erroneously.

There were three questions tried and submitted to the jury in this case. (1) What was the contract between the parties? On conflicting evidence the jury decided that question in favor of the defendant. (2) How much did the plaintiff owe the defendant? The jury decided that question in favor of the defendant. The amount is not here questioned. (3) Was…