Sellers v. SEARS ROEBUCK AND CO.

Plaintiff was awarded a verdict in the amount of $5,000.00 for actual damages allegedly sustained as a result of the breach by defendant of a building contract. Subsequently, the trial judge, upon motion of defendant, granted a new trial unless plaintiff remitted upon the record fifteen hundred ($1,500.00) dollars of the amount of the verdict. Plaintiff in due time remitted in the amount ordered by the trial judge, but upon the written condition “that if the defendant elects to appeal the said court order, then the plaintiff hereby reserves any and all rights to appeal that portion of the…