Balch v. Shick

Opinion by

Kenworthey, J.,

The original controversy, viz., whether defendant, an attorney, had personally agreed to pay plaintiffs the cost of printing a Record and Brief, has long been discarded as a basis for the battle. The finding on the merits in plaintiffs’ favor was made May 8, 1936. Defendant’s motions for new trial and judgment n. o. v. were overruled June 3, 1936. Unfortunately, in overruling the motion for judgment n. o. v., the court (Lewis, J.), failed to certify the evidence and direct that judgment be entered for plaintiffs. This it should have done. National Bank v. Shakespeare,…