Serv-Us Chain Stores, Inc. v. Arden Realty & Investment Co.

The parties are aligned here in reverse order of their appearance in the county court. For convenience they are designated as plaintiff and defendant.

The cause was originally tried in a justice of the peace court, the result being a judgment for defendant. Plaintiff appealed to the county court. In that forum plaintiff, at the close of the defendant’s testimony, moved for a directed verdict. The court granted the motion, instructed the jury to return a verdict for plaintiff in the sum of $200, and entered judgment accordingly. To reverse this judgment defendant prosecutes a writ of error.

Plain…