La Notte, Inc. v. New Way Gourmet, Inc.

HEDRICK, Chief Judge.

Defendants first contend that the trial court erred in denying their motion for directed verdict on their counterclaim for rescis*484sion. Defendants argue that they were entitled to a rescission of the contract because all of the evidence shows that the lease was not assigned within six months of the execution of the contract. Defendants further contend that the record contains no evidence that they failed to cooperate to secure the lease assignment. We disagree.

Directed verdicts for the party with the burden of proof are rarely granted, because there will ordinarily remain…