United Bank v. Wine

HATHAWAY, Judge.

These appeals arise out of a lawsuit instituted by appellee to recover sums allegedly due under a contract of sale between him as seller and the bank’s predecessor in interest in its capacity as trustee. The various individual defendants were trust beneficiaries and subsequent to execution of the subject contract, the bank was replaced as co-trustee by defendants Gary Maiouf and Gerard L. Hall.

*24The case was tried to the court sitting with a jury and prior to submission the court directed a verdict in favor of the plaintiff on the defendants’ respective counterclaims. The jury…