Ashworth v. Frost
Ashworth v. Frost
Opinion of the Court
The only question for consideration here is as to the sufficiency of the testimony to sustain that part of the verdict in plaintiff’s favor which was awarded, admittedly, upon his second cause of action as set forth in the complaint. This was for services alleged to have been rendered by the plaintiff in and about the purchase of certain real property for defendant, and at his request. From an examination of the testimony relative to this cause of action, it is evident that the order of the court below refusing a new trial must be affirmed. That defendant bought this property is undisputed, and there is no doubt but that the purchase was made by the plaintiff for him, although the evidence tends to show that the latter was to have an interest therein thereafter, and upon the payment of an agreed sum of money. The plaintiff testified in the most positive manner to a verbal promise made by defendant to compensate him. for the services and in the amount alleged in the complaint; and the liability of the defendant to that amount was recognized in the written
Reference
- Full Case Name
- Robert Ashworth v. Newton R. Frost
- Status
- Published