Kaplan v. Wilson

Opinion by

Linn, J.,

This was a suit to recover a balance alleged to be due on a written contract for painting and glazing and also a sum claimed on a supplementary oral contract. The verdict determines that the oral contract was not made, and that no balance was due on the written contract.

Judgment n. o. v. could not have been entered, in view of the conflict of evidence; the assignments raising that point are dismissed.

The only other point properly raised for review is the affirmance of a request for charge presented by defendant to the effect that plaintiff was not entitled to recover if the…