Carlson Min. Co. v. Titan Coal Co., Inc.

OLSZEWSKI, Judge:

In this case, Carlson Mining Company, appellant-plaintiff below, appeals the grant of a new trial to Charles Barletto, appellee-defendant below. Appellant argues that the court improperly based its grant of a new trial on grounds not preserved by. objection and brief; that the grounds are improper for the granting of a new trial; and that the trial court’s original error, if any, was rendered harmless.

The facts are these. Appellant agreed to sell coal on credit to Robert Todd, one. of the defendants in the original action. 1 Appellant was not paid and subsequently, sued…