Hainz v. Kurth

Upon this appeal the defendants assign as error that the question submitted to the jury in respect to the issue as to whether a deed was to be delivered without the alleged restriction against the use of the premises was not in proper form; and that the jury’s verdict and the court’s finding on that issue was contrary to the evidence. Apparently no objection was taken on the trial as to the form of the question submitting that issue to the jury. Consequently, a mere defect in the form thereof, which could have been corrected if timely objection had been made thereto on the trial, does not…