Scarato v. Hayward

SMITH, Commissioner.

This matter reaches us on cross-appeals from the .action of the trial court in granting defendant’s motion for new trial on the limited ground that one instruction was erroneous. Plaintiffs had received a jury-verdict for $500.00 actual and $1,000.00 punitive damages on a petition charging defendant with refusal to return an earnest money deposit. The jury returned .a verdict in plaintiffs’ favor on defendant’s counterclaim. The trial court granted defendant’s motion for new trial on the basis that plaintiffs’ verdict-directing instruction submitted disjunctively two…