Chiquita Mining Co. v. Fairbanks, Morse & Co.

OPINION

By the Court,

Annand, District Judge:

This case is before the court on appeal by defendant from an order of the trial court, dated March 13, 1939, granting plaintiff a new trial on the ground the verdict is against law. The cause was tried before a jury which returned a verdict for defendant in the sum of $8,500.

Fairbanks, Morse & Company, a corporation, commenced a claim and delivery action in the lower court against the Chiquita Mining Company, Ltd., a corporation, for the recovery of a certain Fairbanks Morse used engine and Diesel Electric Unit and accessories sold under the terms of…