Levitt v. Kerrigan

Susie Levitt, doing business as Levitt’s Cut Rate Market, instituted an action and obtained judgment against Thomas F. Kerrigan in the justice of the peace court of the City and County of Denver, upon a claim in the sum of one hundred twenty-five dollars. Defendant appealed to the county court where the cause was tried to a jury and a verdict rendered in favor of defendant on which judgment for costs against plaintiff was entered. To reverse this judgment plaintiff prosecutes a writ of error.

The factual situation, as disclosed by uncontroverted evidence, is as follows: On February 22, 1941,…