Scott v. Thompson

Benham, Judge.

This is an appeal, pursuant to this court’s grant of appellants’ application for an interlocutory appeal, from an order granting a new trial to appellees, defendants in a suit filed to enforce two notes. After entering judgment on a jury verdict for appellants, the trial court granted appellees’ motion for new trial on the ground that the verdict was illegal.

Each of the two $125,000 notes which were the subject of the suit contained a provision that the indebtedness would be increased pro rata by the amount by which the sums paid thereunder would be taxed at a capital gains rate…