Lanning Construction, Inc. v. Rozell

On the basis of the facts as set forth in the majority opinion, I would hold that there was sufficient evidence of an independent oral contract to warrant' submitting the issue to the jury. Barnes v. Hill City Lumber Co., 34 S.D. 158, 147 N.W. 775 (1914); Putnam v. Dickinson, 142 N.W.2d 111 (N.D.1966). Accordingly, I would reverse the judgment notwithstanding the verdict and direct the trial court to reinstate the jury verdict.