Powell v. Friederich

¶1Defendant’s exceptions sustained and motion for new trial granted, with costs to defendant to abide event. Held, 1. That the counterclaim was improperly dismissed. 2. Upon the evidence there was a question of fact which should have been submitted to the jury, whether the parties had not, by the agreement made on September 17,1918, provided a way by which the notes in suit should be paid out of dividend moneys upon stock to be issued to the defendant by a corporation to be thereafter formed. 3. It was also a question of fact for the jury whether or not the plaintiff breached the agreement. All concur.