Tessler v. Duzer

MATTHES, Judge.

Action on quantum meruit.

Tried before the court and a jury, plaintiff obtained a verdict for $1,000, and from the judgment entered thereon, defendant appealed to this court. The first and principal point on appeal is whether defendant’s motion for a directed verdict at the close of plaintiff’s case and again after all evidence was in, should have been sustained. In resolving this question we consider the evidence in the light most favorable to plaintiff, giving to him the benefit of all favorable inferences, and disregarding defendant’s evidence except insofar as it may aid…