Gilmore v. Baldwin

KIKER, Justice.

By his complaint, plaintiff sought damages for breach of contract. For answer, 'defendant asserted that the complaint failed to state a claim upon which relief could be granted, and denied generally .the facts alleged in the complaint.

Because of that which follows herein, it is unnecessary to make any statement as to the facts at issue.

At a trial to the court without a jury, plaintiff presented his evidence and rested. Thereupon defendant moved for judgment in his favor on the ground that plaintiff had failed to make a prima facie case.

The motion was sustained, but judgment was…