Miller v. Boma Investment Co.

The district court entered judgment on the verdict of a jury, which found for defendant, dismissing plaintiff’s complaint. Plaintiff seeks a reversal of that judgment, predicating error on the giving of Instruction No. 2 over his objection and on the refusal of the court to give his tendered Instructions Numbered 1 and 2. For convenience, the parties are herein designated as Miller, or plaintiff, and as the Boma Company, or defendant.

The basis of this litigation is the following contract:

“Memoranda of Agreement made and entered into this twenty-sixth day of October, 1921, by and between Fred…