Moore v. Oser

Woods, Judge:

This is an action to recover $150.00, balance due for legal services rendered defendant, for one Tony Zeske, under an express contract with defendant. Plaintiff prosecutes error from a judgment based upon an adverse jury verdict. On a review of the case made on a former trial, this Court set aside a directed verdict for the defendant and remanded the case. Moore v. Oser, 112 W. Va. 208, 164 S. E. 144, on the theory that plaintiff was a gratuitous bailee, or mandatary, for the $150.00.

There is no substantial difference in the evidence adduced at the two trials. The issues are…