Herrington v. Central Soya Co., Inc.

The trial of this cause resulted in a jury verdict for Defendants Herrington and Burt on their counterclaim alleging a contract between Defendants and another, the obligations of which Plaintiff Central Soya allegedly agreed to fulfill. Central Soya's motion for a new trial was granted; Defendants' motion for reconsideration of the order granting a new trial was denied; and Defendants filed this appeal.

In denying Defendants' motion for reconsideration, the trial judge set out a summary of the facts of the case and the grounds for his decision to grant a new trial:

"Attached to the Plaintiffs'…