Marion Machine, Foundry & Supply Co. v. Federal Oil Marketing Corp.

Kirby, J.,

(after stating the facts). Appellants insist that the court erred in directing the verdict against them; but it has frequently been held that, under such circumstances of submission, the court has the right to direct a verdict, the parties having by such request waived the right to a verdict by the jury, and the decision of the court has the same effect as would have been given to the verdict of a jury, the evidence viewed in the light most favorable to appellee. St. L. Sw. Ry. Co. v. Mulkey, 100 Ark. 71, 139 S. W. 643; Upson v. Robinson, 179 Ark. 600, 17 S. W. (2d) 305; and Stewart…