Weaver Bros., Ltd. v. Misskelley

OPINION

This action was commenced by appellant Weaver Brothers, Ltd. (Weaver) to recover damages for an alleged breach of a construction contract by respondent Les Misskelley. The jury returned a verdict for Weaver. Misskelley timely moved for a judgment n.o.v. or, in the alternative, for a new trial. The district court denied the motion for judgment n.o.v. but granted a new trial because it believed the jury had disregarded the instructions. This appeal by Weaver challenges that ruling.

Weaver first contends that the district court erred by considering juror affidavits in deciding the motion.…