Supreme Court of Minnesota October 30, 1931, No. 28,567. (McElroy v. Board of Education)

Stone, J.

Appeal by defendant from an order amending a judgment.

Plaintiff is an architect and sues for fees under a contract with defendant. The case went to trial before a jury. After introducing the testimony of several witnesses on his own behalf, plaintiff rested. Thereupon defendant asked “the privilege of resting for the purpose of making a motion,” which was granted.