Moe v. Kekos
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Moe v. Kekos
Opinion of the Court
Action to recover damages for breach of a contract by defendants to employ plaintiff as a shoemaker for a stated period. The trial before a jury resulted in a verdict of $152.24 in favor of plaintiff. Defendants moved for judgment notwithstanding the verdict, or for a new trial. The trial court granted judgment as asked. Such judgment was entered and plaintiff appealed therefrom to this court.
The question is whether it appeared as a matter of law from the evidence that plaintiff was entitled to recover nothing more than the sum of $4.75, admittedly due, or whether the case was for the jury.
Plaintiff and a disinterested witness testified that the oral contract
We are satisfied that both issues — the terms of the contract of employment, and the sufficiency of defendant’s, reason for discharging plaintiff, including the truthfulness of the charge made, were on the evidence questions for the jury. We think the trial court erred in granting the motion for judgment.
Judgment reversed.
Reference
- Full Case Name
- MARTIN MOE v. PHILIP G. KEKOS and Another
- Cited By
- 1 case
- Status
- Published