Ohio Supreme Court December 21, 1909, No. 11085 (McCormick v. City of Niles)

Price, J.

The only question we have to answer is — did the trial court err in directing a verdict for the defendant?

The plaintiff in error by her counsel early in the brief, states that she does not claim a right to recover on an implied contract, but does claim'that the evidence' was sufficient to show an express contract, and if that is not true, the law made it the duty of the city council to