Grand Trunk Western R. Co. v. HW Nelson Co.

HAMILTON, Circuit Judge.

This is an appeal from a judgment of $871,000 in favor of appellee, pursuant to 'a jury verdict in an action to recover ■damages growing out of the construction of a railroad. Appellee declared in three counts: breach of the written contract, breach of a supplemental oral agreement, and fraud.

Originally appellant’s motion to dismiss on all counts was sustained and on appeal this court reversed as to counts 2 and 3 and affirmed as to count 1. 6 Cir., 80 F.2d 986. At the trial, the court overruled appellant’s motion for. a directed verdict on the remaining two counts and…