Moini v. Hewes

In this contract action, defendants argue that there was no contract and that, even if there were, there was no evidence of breach or damages. The jury returned a verdict for plaintiffs, the trial court entered judgment notwithstanding the verdict for defendants, and plaintiffs appeal.

On appeal from a judgment n.o.v., we must reinstate the jury verdict unless we can affirmatively say that there is no evidence to support it. Jacobs v. Tidewater Barge Lines, 277 Or 809, 811, 562 P2d 545 (1977); see also Hillstrom v. McDonald’s Corporation, 88 Or App 444, 448, 746 P2d 222 (1987), rev den 305 Or…