Gschwendtner v. Gebhardt

Mr. Presiding Justice Thompson

delivered the opinion of the court.

This was a suit begun by appellee before a justice of the peace to recover stud, fees claimed to be due for service to appellant’s mare during the breerjing season of 1906, according to printed and posted terms of service, and for what such service was reasonably worth if not the amount stated in the printed terms. The case was appealed from the justice court to the Circuit Court. At the close of all the evidence the defendant made a motion to exclude the evidence and to instruct the jury to find for the defendant. The court…