Dreisbach v. Eckelkamp

The opinion of flip court was delivered hy

Treacy, J.

This was a ease tried by the court without a .jury, the jury having been dismissed by consent. Plaintiff below brought suit for the purchase price of an orchestrion which he claimed to have sold to one Bewig, of whose estate defendant below is the executrix. The errors assigned are— first, that the lower court refused to nohsuit at the close of plaintiff’s case upon the ground that there was no evidence from which a conclusion could be drawn as a matter of fact that there was a sale of the orchestrion, and also refused to enter judgment at…