Wittmann v. Whittingham

CAMPBELL, J., pro tem.

This is an appeal from a judgment in favor of respondent entered upon the verdict of the jury awarding $2,000 damages against appellant, in an action to recover $23,080.

Appellant urges as grounds for a reversal of the judgment: 1. The verdict is contrary to the evidence and there is a variance between the pleadings and the proof (a) The evidence of plaintiff does not establish any definite or valid contract on which he might sue; (b) The evidence and the special verdict of the jury show that the plaintiff was employed by the corporation and not by Whittingham…