Dalk v. Lachmund

The defendants (appellants) present only two assignments of error. The first is based upon a contention that the trial judge erred when he denied the defendants’ motion for a mistrial, based upon the development which we shall shortly mention. The second challenges a ruling which denied the defendants’ motion for a directed verdict.

The plaintiff and his three assignors operated prune orchards in the vicinity of Salem. A few miles from that city the defendants operated a prune dryer to which the plaintiffs delivered prunes between August 12, 1934, and August 17 of the same year. On the latter…