Kramer v. Roth, Jr.

The controlling questions presented by the record are:

Were Roth and Fessler licensed real estate brokers? and,

Did the Court err in instructing a verdict after the defendants reserved the right to have 'their case submitted to the jury in case their motion was decided against them?

Considering these questions in the reverse order, the rule is that if both the plaintiff and defendant make a motion for an instructed verdict, the parties waive the jury and submit the cause to the court for its determination, but if either party reserves the right to have its case submitted to the jury, if the…