Daily v. Quinn

Appellant assigns for error, the giving of several portions of the oral charge given to the jury. The record does not show that any objection was made or exception reserved to any part of that charge, and of course no part of it is now subject to review.

The three-year statute of limitations was not applicable to either count of the complaint, and under the evidence it Avas wholly irrelevant. Defendant’s requested instruction to find for him under that plea was properly refused.

Appellant’s main insistence is that the evidence failed to make out a case for plaintiff, in that the agreement shown…