Crawford

The action was to recover certain sums of money alleged due plaintiff from defendant. The cause of action embraced two counts. The first count sought a recovery as damages on account of defendant’s breach of a contract and the second count was to recover amounts alleged to have accrued from performance by plaintiff up to the time of the breach by defendant.

The case was tried by the court sitting with a jury and resulted in a verdict for plaintiff on both counts. At the conclusion of plaintiff’s testimony defendant moved for a nonsuit, which motion was denied. When the verdict of the jury was returned defendant moved for judgment in its favor notwithstanding the verdict, which motion likewise was denied. Thereafter defendant moved for a new trial, which was denied. Prom this history of the procedure it will be noted that the case has received much consideration in the court below and that appellant’s contentions have been frequently urged at every available opportunity, excepting only a motion for a directed verdict.

It is the claim of appellant that the evidence, as a' matter of law, is insufficient to support the verdict and the judgment based thereon. As a welcome exception…