Watson v. Reed

The opinion of the court was delivered by

Gordon, J.

This action was brought to recover damages for a breach of a contract to execute a lease. A verdict for the appellant, plaintiff below, in the sum of $165, was returned by the jury, which verdict was thereafter set aside and a new trial awarded in the lower court upon the sole ground that it was “ arrived at by a resort to the determination of chance or lot.” From the order setting aside said verdict and granting a new trial the plaintiff has appealed.

Subdivision 2, § 400 of the Code of Procedure, makes the affidavits of one or more of the…