Wolfe v. Eaker

CLARK, Judge.

At the close of plaintiffs’ evidence the trial judge entered a directed verdict because the plaintiffs had produced no evidence of any of the allegations upon which they sought to establish their claim. The directed verdict against the plaintiffs on their claim was proper. Plaintiffs neither object, except nor assign error to the directed verdict against them on their claim, but instead argue alleged errors in directing the verdict on defendants’ counterclaim. We hold that on the unique facts of this case the directed verdict for the defendants on the plaintiffs’ claim required…