Harmon v. Fox

MR. COMMISSIONER POORMAN

prepared for the court the following opinion:

This is an appeal from a judgment, and from an order overruling defendant’s motion for a new trial.

*3251. The complaint is in two counts, and alleges, substantially, in the first count:

First. That plaintiff granted to defendant the exclusive privilege of selling certain articles of merchandise at the Butte race track for a period of forty-three days, and that defendant promised and agreed in writing to pay the sum of $550 therefor, payable in installments; the last payment to be $185 on August 25, 1901.

Second. That defendant…