Electric Improvement Co. v. San Jose & Santa Clara Railroad

This action was brought by plaintiff to recover $1,196.59, alleged to be due from defendant under a contract for the construction and electrical equipment of a street railroad from San Jose to Santa Clara, and the further sum of $17,328.49 damages for an alleged refusal and neglect of the defendant to perform its part of said contract. The answer denied defendant’s alleged failure to perform its contract, and that anything was due plaintiff; and by way of counterclaim alleged that plaintiff quit and abandoned the contract, to defendant’s damage in the sum of $100,000. The cause was tried before a jury, which rendered the following verdict: “We, the jury in the above-entitled cause, find a verdict for the defendant for its costs. ’ ’ Judgment was entered upon the verdict in favor of the defendant for its costs in the sum of $273.50. Plaintiff took a bill of exceptions, and moved thereon for a new trial, which was denied, and appeals from the judgment and the order denying a new trial.

Appellant contends for a reversal upon two grounds:

We concur: Vanclief, C.; Temple, C.

For the reasons given in the foregoing opinion the judgment and order are affirmed.