Boyd v. Drum

Judge Greene

dissenting in part.

I agree with the majority that the trial court did not err in denying the plaintiffs’ motion to amend their pleadings. I further agree, for the reasons given by the majority, that the granting of the Drums’ motion for directed verdict was not error. I do not agree, however, that directed verdict for Balls Creek was proper on the plaintiffs’ first claim for relief: money loaned and not repaid. On that claim the plaintiffs have presented “more than a scintilla” of evidence and are entitled to have that claim resolved by a jury.

The evidence in the light most…