Adler v. Wagner

The plaintiffs sued the defendant for goods sold and delivered. The jury returned a verdict for the amount sued for, with interest added, and the court entered judgment on the verdict. The defendant *26has appealed and complains that the verdict is clearly against the evidence ; that there was no evidence of a delivery of the goods to the defendant, and that an instruction given by the court in the plaintiff’s motion is erroneous. We will examine the assignments in the order stated.

I. Appellate courts may vacate judgments as opposed to the weight of the evidence, but the exercise of the power is…