Combs and Broderick, D/B/A v. Keller

Dissenting Opinion

Bowen, C. J.

I cannot agree with the majority opinion in this case.

At the close of appellants’ case in chief the appellees moved the court for a directed verdict as shown by the record as follows:

“Plaintiff presents evidence and now rests and at the conclusion of plaintiffs’ evidence, defendants by their attorney move the court for a directed verdict, which reads as follows: (Here insert), and *539upon plaintiffs’ complaint herein, reserving the right to introduce evidence in the event the motion is overruled and now the plaintiffs join in said motion for a directed verdict. The…