Oakdale Mercantile Co. v. Baer

THE COURT.

Plaintiff brought this action to recover the sum of $3,511.15 alleged to be owing to it by defendant under an agreement entered into between them. This agreement is set forth in the complaint. Defendant answered the complaint, denying any indebtedness to plaintiff and filed a cross-complaint in which he sought to reform said agreement. Judgment was rendered for plaintiff for $3,250, and denying the relief prayed for by the cross-complaint for said reformation. Defendant filed a. motion for a new trial, which the court failed to pass upon within sixty days after its filing, and…