Giles v. Herzstein

MABRY, Justice.

This is an appeal by Simon Herzstein, defendant below, from a judgment in favor of appellee J. C. Giles in the sum of $775. The case was tried to a jury upon a complaint seeking recovery of $1950 allegedly owing as one-half of the profits made in a joint venture of buying and selling cattle.

The sole question that we need here consider is that of appellant’s challenge going to the sufficiency of the evidence in support of the verdict and judgment.

This appeal results from the second trial of the case. This court reversed the earlier case (Giles v. Herzstein, 43 N.M. 518, 96 P.2d…