HENRY VANN COMPANY, INC. v. Barefoot

The only evidence was that offered by plaintiff. All the evidence was to the effect that the transaction of February 23, 1955, was an even trade in which each vehicle was valued at $2,033.00.

In charging the jury, the court gave peremptory instructions in plaintiff’s favor on the first and third issues. As to the fourth issue, the instruction was as follows: “Now, if you have answered either one of the first three issues no, then you would answer the fourth issue ‘nothing;’ but if you have answered all of the first three issues yes, and come ,to consider the fourth issue, then if you believe…