Latter v. Schwarz

The case went to the jury upon the common counts 1 and 3, and No. 7, a special count. The plea was that of the general issue. The verdict was for the plaintiff for $5,000. The common counts claimed $5,000; and the special count was for $12,500. The jury were properly instructed as to the issues of fact presented and the verdict warranted under the evidence.

The demurrer to count 7 was overruled, and several assignments of error are predicated thereon and upon the ruling and instructions of the court touching the special count.

If the amount of the verdict or the instruction of the court clearly…