McQuain v. Glougie

— This action was brought to recover a balance due on contract. To the complaint an answer was filed and upon the issues thus made the cause was tried to the court and a jury. A verdict was rendered in favor of respondent and judgment was thereupon entered. A motion for *716new trial was made by appellant which was overruled. From the judgment and from the order overruling the motion for a new trial this appeal is taken.

When the cause was reached for argument in this court, neither party appeared and no briefs were filed. Upon this state of the record, and in accordance with Rule 48 of this…