Sellick v. Forsters

The opinion of the court was delivered by

Parker, J.

This is an appeal from judgment for plaintiff upon a second trial, after reversal at October term, 1934. The first judgment was reversed because the jury were instructed to allow interest though the claim was never liquidated by sending a bill, notwithstanding plaintiff was in a position to make up the figures; with incidental criticism of the trial court for having left the case to the jury without any discussion of the “confused and contradictory” evidence. The question of interest comes up again on the present appeal.

The suit was for an…