Mills v. Magee Carpet Co.

The only question presented on this record is whether the motion for a new trial was granted lawfully by the Superior Court judge.*

The action is in contract. The only issue contested before the jury was the liability of the defendant. Opposing counsel agreed in their arguments at the trial and the judge charged the jury in effect that there was no dispute as to damages, and that, if a verdict were returned for the plaintiff, it should be for the sum of $1,200. A verdict was rendered for $204.37. A motion for a new trial was filed seasonably, alleging five grounds of error, the last of which…