Sun Lodge, Inc. v. Ramada Development Co.

OPINION

RICHMOND, Chief Judge.

Sun Lodge, Inc., appeals from an order denying its motion for new trial while granting a similar motion filed by Ramada Development Company. The effect of the order was to leave standing a jury verdict for $36,000 in favor of Sun Lodge on its counterclaim and afford Ramada a new trial on its complaint. Sun Lodge does not challenge the latter ruling, but contends it was error to exclude evidence of fraud in inducement of the contract between the parties, which denied it an election to submit its counterclaim to the jury on a fraud theory rather than breach of…