Hicks v. Smith

MASSEY, Chief Justice.

This case is one in which Roger Smith, as plaintiff, sued the partners doing business as Hicks Construction Company to establish a contract and enforce performance thereunder on the part of the defendants. Trial was to a jury and upon answers of the jury which established the contract and its provisions, the trial court entered a judgment predicated upon jury findings coupled with other facts judicially found.

Appeal was taken from the adverse judgment by the defendants, based upon their contention that there was no evidence, or insufficient evidence, to show any…