Young v. Gardner

This court has determined that the judgment entered in this case should be reversed, primarily, it appears, because the trial court refused to admit certain testimony into evidence. Since I believe that the testimony was properly excluded and was immaterial in that it could not have altered the outcome of the case, I respectfully dissent.

*265Appellants contend that the court erred in withdrawing their case from the jury because there was an issue of fact as to whether appellees were violating certain restrictions on the use of their property.

By deed dated July 10, 1967, the Youngs conveyed to the…