Wyman v. Crowley ( 1875 )

Marston, J:

We 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* found for tbe plaintiff, tbeir verdict is final. We do not consider the questions raised of sufficient importance to demand separate examinations.

Judgment affirmed, with costs.

The other Justices concurred.