Ayres
Ayres v. Thomas
Opinion
Lead Opinion
Searls, J.
This action was brought to recover $1,584.69, with interest on $831.48 thereof from July 28, 1893, and interest on the balance thereof from October 9, 1894.
The cause was tried before a jury and a verdict returned in favor of plaintiff for $1,694.
*142 Upon a motion for a new trial the court made an order granting a new trial unless plaintiff should consent to reduce the verdict by $117.45, leaving the verdict to stand at $1,576.55, to which deduction plaintiff consented, whereupon the motion for a new trial was denied and judgment entered for $1,576.55.
Defendant appeals from the judgment and from the order denying his motion for a new trial. Plaintiff acted as an agent of defendant, a foundryman, in soliciting orders for the output of defendant’s business on commission, and also to some extent as a collector for said defendant. There are five counts in plaintiff’s complaint. The evidence shows that all of the five causes of action are based upon three several grounds: 1. A claim for services in obtaining orders for the products of defendant’s business as an iron founder; 2. A claim for money paid by plaintiff to defendant’s use; 3. A claim for labor performed by plaintiff as…