(Download) "Rizzo v. Cunningham Et Al." by Supreme Court of Minnesota ~ eBook PDF Kindle ePub Free
eBook details
- Title: Rizzo v. Cunningham Et Al.
- Author : Supreme Court of Minnesota
- Release Date : January 12, 1939
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
COX, Justice. This is an action of contract brought to recover for personal services alleged to have been rendered from September, 1925, to January 19, 1932, to Rose E. OBrien, the defendants testatrix, hereinafter referred to as Miss OBrien. The case was tried to a jury on the second count of the plaintiffs declaration, upon a quantum meruit for the alleged services. The defendants pleaded, among other things, the statute of frauds. The jury returned a verdict for the plaintiff which, on leave reserved, was set aside and a verdict for the defendants entered. The trial Judge reported the case to this court upon the stipulation that, if there was admissible evidence warranting the jury in returning a verdict for the plaintiff, and the case was properly submitted to the jury, then judgment is to be entered for the plaintiff on the verdict, unless there was prejudicial error in the admission or exclusion of evidence or in the charge to the jury, in which case such order shall be made as Justice may require; if this court is of the opinion that there was no evidence warranting a verdict for the plaintiff, then judgment is to be entered for the defendants.