HIGGINS v. DUPART

No. 7953.

120 N.W.2d 16 (1963)

Milton K. HIGGINS, Plaintiff and Appellant, v. Lydia DUPRAT, Defendant and Respondent.

Supreme Court of North Dakota.

February 8, 1963.


Attorney(s) appearing for the Case

Higgins & Murphy, Bismarck, for plaintiff and appellant.

John A. Zuger and Catherine E. Morris, Bismarck, for defendant and respondent.


BURKE, Judge (on reassignment).

Plaintiff brought this action to recover attorney's fees alleged to be due him from the defendant. In her answer the defendant denied that she had ever employed the plaintiff. The case was tried to the court without a jury and the trial resulted in a judgment of dismissal in favor of the defendant. Plaintiff has appealed from the judgment and demanded a trial anew in this court. Only issues of fact are raised upon this appeal.

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