Heins v. Byers

Action to recover of the defendants B. F. Byers and Warren H. Heins the sum of $17,800, with interest from November 6, 1922. The defendants Kircher brothers, trustees under a trust deed of the plaintiff, are made parties but no claim is made against them, they have no claim, and they are not parties to this appeal. Byers and Heins will be referred to as the defendants. At the close of the plaintiff’s testimony the defendants rested, without offering proof, and the court directed a verdict for them. The plaintiff appeals from an order denying his motion for a new trial.

Prior litigation between…