119 Ark. 450 | Ark. | 1915
(after stating the facts). The case is not well abstracted, but sufficiently so, that it will not be dismissed for noncompliance with the rule. It appears that after the due bill was read in evidence, plaintiff rested his case, the defendant was examined, withdrew his testimony upon leave of the court, and asked a peremptory instruction, contending that the testimony did. not show that any moneys had been paid to or received :by him from the contractors for cutting the right-of-way, and insisting that it was necessary to prove that fact in order to recover.
The court denied the motion for a directed verdict, and the testimony was re-submitted, .after which defendant renewed his motion for :a directed verdict several times at other stages of the proceedings, which was denied.
Appellant, it is true, testified that the contract was transferred to him, but also that he received no benefit from it, the principal contractors he said having declared it forfeited and cancelled it and given him a new contract to cut the same right-of-way. Appellee denied that his contract was forfeited, however, and the right of the contractors to cancel it, and the record does not show what the contract was, appellant claiming to have lost it after it was transferred and delivered to him by the appellee.
The testimony is sufficient to support the judgment, which is affirmed.