Dyke Industries, Inc. v. E. W. Johnson Construction Co.

Appellant brought this action to recover an alleged balance due from appellee construction company (appellee insurance companies are sureties) based on a contract to furnish mill work on a construction project. A jury awarded appellant most of the asserted balance, denied the appellee construction company’s counterclaim and its demand for punitive damages. Thereupon, appellees filed a motion for dismissal of appellant’s action, a sanction provided by Ark. Stat. Ann. § 28-359 (b) (2) (Repl. 1962). Appellees also filed a separate motion asking for a new trial pursuant to Ark. Stat. Ann. §…