Smith-Douglass v. Walch
Smith-Douglass v. Walch
Opinion of the Court
The plaintiff brought this action seeking to recover damages for a breach of contract. A jury found no cause for action and the plaintiff has appealed.
"We should set aside a verdict, and only set one aside, when it is against the overwhelming weight of the evidence.”
Such is the situation in this case.
If we accept the figures used by the defendant’s counsel at trial the defendant is indebted to the plaintiff at least in the amount of $2,464.80. The plaintiff now seeks recovery in this amount.
Reversed and remanded with instructions to enter a judgment notwithstanding the verdict in the amount of $2,464.80, together with interest from the date of filing of the complaint. Costs in both courts to the plaintiff.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.