Tompkins v. Miller, Tompkins & Co.

At the end of the case the defendant moved for a dismissal of the first cause of action and for a dismissal of the second cause of action, and also for the direction of a verdict in favor of the defendant on its counterclaim. All of these motions were denied. The plaintiffs then moved generally for the direction of a verdict. This motion was granted and the jury were directed to find a verdict in favor of the plaintiffs for $48,920, with interest amounting to $10,539.95, making a total of $59,459.95. To this the defendant excepted. The evidence does not sustain the first cause of action for…