Taylor v. Herbold

SHEPARD, Justice.

This is an action by plaintiff in two counts, one for breach of a contract to purchase potatoes and, secondly, for tortious damages arising from said breach of contract. Following trial to a jury, a verdict was returned for the plaintiff on each count. Thereafter, the trial court granted defendants’ motion for a judgment notwithstanding the verdict on the second count. Defendants have appealed and plaintiff has cross-appealed. We affirm the action of the trial court.

Plaintiff-respondent and cross-appellant (hereinafter plaintiff) was at the time of the transactions herein a…