Malco, Inc. v. Midwest Aluminum Sales, Inc.

The first question is whether the trial court erred in changing the answer to the first question in the verdict. The question inquired, “What sum, if any, do you find due to plaintiff from defendant by virtue of the contract of February 15, 1958?” The jury answered “None.” The trial court changed this answer to $993.95 stating, in its opinion, the jury probably became confused by the reply and the counterclaim in answering the question because it was clear the uncontradicted evidence revealed a balance due of $993.95. The trial court thought to deny the plaintiff any recovery and to allow the…