Wilbanks v. James Talcott, Inc.

Bell, Judge.

We shall first consider the contention in the main bill of exceptions, which in substance is that the evidence submitted at the trial demanded a verdict for the defendant. Because of this, the defendant insists, the trial judge erred in granting the motion for new trial. As we feel there is merit in this view, the ruling necessarily determines the appeal.

Succinctly stated, the defendant’s contention is that his pleaded defense of payment coupled with the evidence shows conclusively that he must prevail.

The plaintiff suggests, however, that there is no evidence in the record of a…