Booth v. S. & H. Laboratories, Inc.

HARWOOD, Presiding Judge.

In the suit below the plaintiff claimed of defendant monies due by account.

The defendant filed a plea of nul tiel corporation, and other pleadings. The pleading aspect is immaterial to this review however, and we will omit discussion.

At the conclusion of the evidence the court gave to the jury the plaintiff’s written request for the affirmative charge, with hypothesis.

Despite this instruction the jury returned a verdict in favor of the defendant.

Thereafter the plaintiff filed a motion to set aside the verdict, on the grounds, among others, that the verdict was…