Sleeper v. Zeiter

Defendant appealed from an .order denying his motion for a new trial.

Plantiffs sued to recover $1,000 for services and meals furnished. Defendant pleaded a counterclaim, seeking to recover $522 for house rent, use of a Ford car, and some provisions. The jury found for plaintiffs in the sum of $350.

The court stated to the jury that the “plaintiffs claim that * * * there was an agreement between them and the defendant” in relation to plaintiffs’ alleged cause of action. This is . assigned as error. It would seem that the recovery rested upon a contract implied in fact and that the statement was…