Ball v. Cooper-Stanley Company

ON MOTIONS FOR REHEARING

Both parties have moved for rehearing.

Appellant contends that the jury verdict settled all justiciable issues between the parties and that we should reverse and render judgment for him for the amount of damages found by the jury. We cannot do this. Appellee’s case against appellant for the indebtedness claimed was never submitted to the jury. As shown by the judgment, the court sustained appellee’s motion for judgment before any charge was submitted to the jury. This was error requiring reversal. Appellee was not entitled to have its claim withdrawn from the jury and…