Lamb v. Jordan

SIMONETT, Justice.

In this appeal we conclude the evidence does not justify a jury’s verdict finding that the defendant is indebted to plaintiff on a promissory note, and we reverse and remand for a new trial.

Plaintiff-respondent Horace A. Lamb sued defendant-appellant William E.' Jordan. In his complaint, Lamb alleged that he had sold his business to defendant Jordan and that Jordan had breached the purchase agreement in several respects, including the failure to pay a $41,000 promissory note. Plaintiff Lamb claimed that the note was for cash advances he had made to the defendant. The…