Wilson v. Remmel Cattle Co., Inc.

REYNOLDS, Justice.

Judgment non obstante veredicto was improperly rendered after a jury trial because a viable disputed fact issue was not submitted to the jury and is yet unresolved. Reversed and remanded with instructions.

Appellants Gary Wilson and Ben Wilson bought 118 head of cattle with the proceeds of their $29,393.91 bank note. On 8 October 1973, the cattle were delivered to and placed in a separate pen on the premises of appellee Remmel Cattle Co., Inc., a commercial feedlot engaged in feeding and marketing cattle, pursuant to an agreement between the Wilsons and appellee Charles Kent…