Horner Military School v. Rogers

This action is brought to recover the tuition charges for defendant’s two sons. The correspondence in evidence establishes a contract between the plaintiff and defendant in pursuance of which the defendant sent his sons to plaintiff’s school and agreed to pay a certain sum for their tuition, board and lodging, the defendant to furnish, as stated in the catalogue, bedclothing and towels.

The court instructed the jury that in this case there is no evidence of violation of contract on part of plaintiff, and jury should answer first issue “Yes.” The defendant excepted.

Upon all the evidence, we…