Wald v. Wurtz

DAVIS, J.,

Pro Tempore.

This is an action on a promissory note to recover the unpaid balance of $28,200. Prior to trial Billy Ralph Hollister died and his executor was substituted as defendant. After both parties rested, the plaintiff moved for a directed verdict, which the court indicated he would grant. Defendant requested the court to submit the case to the jury, pursuant to ORS 18.140(2).1 The jury returned a verdict for plaintiff in the sum of $10,000. Plaintiff thereafter moved the court for a judgment notwithstanding the verdict, which was allowed, and the judgment for plaintiff in the…