Headley's Express & Storage Co. v. Shapiro

Opinion by

Linn, J.,

The statement of claim is not printed; we have only an amendment to it apparently raising the issue tried; briefly, it averred that Shapiro, the defendant, requested plaintiff to make the payments in question and that defendant would reimburse plaintiff. The items of expense, not disputed and allowed, were for costs and expenses paid in entering bail for the truck driver and his helper, lawyer’s fees, truck hire for the trip, and expenses in the effort to recover the truck; the verdict establishes the agreement to pay them.

Defendant offered no evidence at the trial and now…