Diesel Engine Repair Corp. v. Southern Steel Construction Co.

WIGGINTON, Chief Judge.

Defendant appeals a money judgment rendered in favor of plaintiff on a counterclaim seeking damages for breach of an oral warranty. The principal point on appeal questions the trial court’s denial of defendant’s motion for a directed verdict made at the close of plaintiff’s case, and renewed after all evidence had been submitted.

Plaintiff sued defendant in an action of replevin seeking possession of an International tractor powered by a diesel engine which was being wrongfully withheld by defendant. Defendant answered denying the allegations of the complaint and…