Holmberg v. Prudential Savings & Loan Ass'n

We shall first consider appellant’s assignment of error predicated upon the denial of its motion for a directed verdict. The two Holmbergs were employed as common laborers in the construction of a railroad tunnel in Harney • County. One R. W. Ellithorpe, a representative of the appellant,, visited the construction camp where the two men lodged, and interested them in the defendant. Since Elliothorpe did not testify, the account of what occurred upon that occasion was narrated from the witness-stand, only by the plaintiffs. Their story was to the following effect: when the agent discovered…