Spencer v. Taylor

The opinion of the court was delivered by

Atkinson, J. :

This action was instituted by W. W. Spencer against F. D. Taylor and J. W. Reeves to recover damages alleged to have been sustained on account of a failure to comply with the terms of a written contract. After a jury had been imxianeled and counsel for plaintiff had read to them the petition of plaintiff with the contract sued on, and made a statement of plaintiff’s claim, the court, upon motion of counsel for defendants, discharged the jury and rendered judgment for defendants for costs. Plaintiff brings error.

The following is the…