Bogue

This is an appeal by the defendant from a judgment in favor of the plaintiff for the sum of $6,250 in an action for breach of promise of marriage.

The appellant makes two points for a reversal of the judgment, viz., (1) that the evidence is insufficient to support the verdict, and (2.) the refusal to give, or modification of, instructions, by which the court declined to make the plaintiff’s right of recovery contingent upon a finding by the jury that the promise sued on was made upon a specific date and no other.

As to the first point, the plaintiff testified categorically to the promise of marriage, and the record contains other evidence in corroboration. This contention of the appellant therefore is without substantial merit.

[1] The second point mentioned is the main reliance of the appellant in support of his appeal. His argument is that the complaint charged the promise to have been made on November 5, 1919, and that the plaintiff’s testimony was directed exclusively to this same date; that the defendant met this testimony by a showing—which he regards as almost, if not quite, conclusive—that the defendant neither saw nor talked with the plaintiff on said date; that…