McElroy v. Board of Education

Appeal by defendant from an order amending a judgment.

Plaintiff is an architect and sues for fees under a contract with defendant. The case went to trial before a jury. After introducing the testimony of several witnesses on his own behalf, plaintiff rested. Thereupon defendant asked “the privilege of resting for the purpose of making a motion,” which was granted. Defendant then moved “for a dismissal of this action upon the ground and for the reason that the plaintiff has failed to establish a cause of action against the defendant; that there is no material or competent evidence before the…