Dubbe v. Lano Equipment, Inc.

OPINION

FOLEY, Judge.

This is an appeal from a directed verdict for Lano Equipment on the issue of fraud. The Dubbes also appeal the trial court’s denial of their motion for a judgment notwithstanding the verdict, asserting that mutual mistake was proven as a matter of law. The Dubbes appeal denial of their motion for a new trial, arguing that the instructions to the jury were erroneous. We affirm the trial court’s directed verdict on the issue of fraud, but grant a new trial because the instructions on the issue of mutual mistake were erroneous. We affirm in part and reverse in part.

FACTS

Larry…