Bateman v. Donovan‪.‬

James Donovan, plaintiff-appellee, filed in the District Court of the United States for the District of Montana a complaint in which he alleged breach of contract and asked damages therefor. The court overruled a demurrer, and thereafter appellant, H. W. Bateman, filed his answer, which was virtually a denial of all that was alleged in the complaint. The mattr came on for trial before the court sitting with a jury. At the close of appellees evidence appellant made a made a motion for a directed verdict, contending, inter alia, that no contract existed because there was no meeting of the minds of the parties, that appellee had failed to prove any consideration for the alleged contract, and that appellee had failed in proof of any damages. This motion the court denied save as to the ground pertaining to damages. Thereupon appellee requested leave to reopen the case for the purpose of introducing evidence on the question of damages, which request was granted by the court. At the close of all the evidence appellant renewed his motion for directed verdict, which was again denied. The jury returned a verdict in favor of appellee for $3,544 and judgment was entered thereon. Within ten days thereafter appellant submitted a motion for a new trial, which motion the court granted. Subsequently, forty-seven days later, appellee made a motion to vacate this order granting a new trial, and the court, upon consideration of appellees motion, thereafter set aside said order, and reinstated the verdict and entered judgment thereon.