Du Brutz v. Jessup

Foote, C.

This was an action brought by James L. Hussey and F. 0. M. Du Brutz against Isaac Jessup, to recover the sum of twenty-five thousand dollars for a breach of contract.

The original plaintiffs have died since the institution of this suit, and the administratrix of the one and the assignee of the other have become substituted parties to the record.

The trial court, sitting without a jury, rendered judg*76ment for the sum of two thousand dollars and costs, and from that and an order refusing a new trial the defendant appeals.

The defendant contends that upon the face of the record the judgment…