Victor Electric Co. v. Miller

The cause of action set out in the statement of claim rests in a contract in writing. In the first trial of this cause defendant prevailed. His defense consisted of oral statements dehors the contract. This court reversed that judgment because of the erroneous admission of such evidence. On a second trial, the record of which is before us for review, plaintiff had judgment against defendant on the finding of the court for eighty dollars. ~ 0

The decision of this court on the former review became the law of the case binding upon the parties and the trial court and is the law of the case in this…