Anderson v. Dailey

The majority opinion is based upon the conclusion that the lower court should have sustained Schuch’s motion for a directed verdict at the close of the plaintiff’s case. It is unnecessary to cite authorities that, where the plaintiff’s evidence tends to prove the allegations of his complaint, such motion should be denied. The issue that was tried in this case was upon Schuch’s individual liability, as an .original promisor, for the payment of the plaintiff’s services. The question before this court is, was the evidence sufficient to justify the court in submitting such issue to the jury? The…