Wyman v. Crowley

Decided November 2, 1875

Michigan Supreme Court · decided 1875-11-02

Circuit. This was an action of assumpsit brought by Crowley against Eber B. Ward in justice’s court, and taken by appeal to the circuit. The action was for the value of services performed by plaintiff. The declaration contained a special count and the common counts, but before going to the jury plaintiff withdrew the special count. Plaintiff recovered and defendant brought error. Ward having died, the suit was revived in the name of his executors.

Decided 1875-11-02

Marston, J:

¶1We have examined the several assignments set forth in the record in this case, and are satisfied that no error was committed. The plaintiff in the court below had a right to abandon the special count, and seek to recover on the common counts. There was evidence tending to show a promise made by an authorized agent of the defendant to pay the plaintiff one hundred dollars for his services. The question was properly submitted to the jury, and they having* *85found for tbe plaintiff, tbeir verdict is final. We do not consider the questions raised of sufficient importance to demand separate examinations.

¶2Judgment affirmed, with costs.

The other Justices concurred.