Hennington v. Valuch

The sole issue presented on this appeal is whether the trial court erred in entering judgment notwithstanding the verdict for respondent. A judgment notwithstanding the verdict admits the findings of the verdict to be true, but grants judgment on grounds other than decided by the jury. It is undisputed that the lateral from the Hen-nington building was not connected to the city’s sewer as specifically called for by the contract. Indeed appellant admitted in his answer that “sewer connections were made to an abandoned sewer not in operation.” Appellant defended the action on the ground that,…