Mazanec v. Gogebic Timber & Lumber Co.

Plaintiff, in a suit in assumpsit tried by jury, had verdict and judgment. Defendant has appealed. As reasons in support of its appeal defendant asserts that the oral contract or agreement upon which plaintiff based his right to recover was void under the statute of frauds, that the verdict was not sustained by the evidence, that the verdict was “against the great preponderance of the evidence,” and that the trial court was in error in denying defendant’s motion for a new trial.

Plaintiff was an insurance agent, and in September, 1942, he delivered to Kernan Kelly a policy dated August 12,…