Dyer v. Ilg

Plaintiff, Thomas R. Dyer, brought this action to recover upon an alleged oral contract for material furnished and labor performed upon a seven-room house, property of defendant Robert J. Ilg, in which plaintiff was a tenant. The issues made by plaintiff’s petition and traversed by defendant’s answer were tried and submitted to a jury, whereupon it awarded plaintiff a verdict for $513.65 upon which judgment was rendered. Defendant’s motion for new trial was overruled, and he appealed, assigning substantially: (1) That the verdict was the result of passion and prejudice because of misconduct…