Martin v. Zweygardt

This was an action for damages for a breach of warranty in the sale of a farm tractor at auction. The county court held the plaintiff’s evidence as to damages was inadequate and dismissed the action at the close of the plaintiff’s evidence. The plaintiff appealed to the District Court where the judgment of the county court was vacated and the cause remanded for a new trial in the county court on all issues.

The defendant has appealed to this court. The plaintiff has moved to dismiss the appeal on the ground there was no final order from which an appeal could be taken.

An order which affects a…