Darrin v. Whittingham

Schmucker, J,,

delivered the opinion of the Court.

The appellant, Darrin, as plaintiff below, sued the appellee in the Superior Court of Baltimore City for an alleged breach of a written contract and the appellee as defendant filed the general issue plea.

On the trial of the case the defendant, at the close of the plaintiff’s testimony, offered a prayer, asking the Court to take the case from the jury for want of legally sufficient evidence, which was refused. The defendant offered no testimony, but rested his case on the plaintiff’s evidence, and the jury found in his favor, and from the…