Percy T. Stiers v. James I. Martin

James I. Martin sought to recover from Percy T. Stiers damages in the amount of $10,000 for alleged breach of an oral contract. The ease was tried by the Court without a jury and judgment was rendered in favor of Martin for $2,500. Although appellant Stiers was present in court during the trial, he did not take the witness stand to either deny or explain positive and direct testimony as to the alleged breach of the contract. There is no explanation in the record of his failure to testify.

The District Court filed a written opinion containing findings of fact and conclusions of law (Martin v.…