Quality Lumber & Coal Co. v. Kemp

A single issue is dispositive of this appeal: Was there sufficient evidence for the jury to find that defendant, after the discharge in bankruptcy, made an oral promise to plaintiff to pay the amount due?

It is well settled that in determining whether the trial court was in error in directing the verdict, the evidence is to be construed in the light most favorable to the party against whom the verdict was directed. Furthermore, a verdict should only be directed against a plaintiff where plaintiff’s evidence, given the most favorable construction it will reasonably bear, is insufficient to…