O'BIER v. Safe-Buy Real Estate Agency, Inc.

George Rose Smith, Justice.

This action was brought by the appellee, Safe-Buy Real Estate Agency, to recover judgment upon a $4,037.80 installment note executed by Safe-Buy’s former representative, the appellant Fred O’Bier, Sr. By counterclaim O’Bier sought $15,000 in damages, for breach of contract. At the close of the proof the trial court directed a verdict for Safe-Buy upon both the complaint and the counterclaim. O’Bier concedes his liability upon the note, but he insists that the evidence supporting his counterclaim presented issues of fact for the jury. We agree with that contention.

Saf…