Hurst v. West

MARTIN (Harry C.), Judge.

Plaintiffs’ primary assignments of error relate to the trial court’s refusal to submit to the jury the issues tendered by plaintiffs and granting defendants’ motion for directed verdict. After careful review of the record on appeal, we conclude that the motion for directed verdict was properly granted.

At the close of plaintiffs’ evidence, after the jury was out, the following dialogue took place between counsel for the parties and Judge Mills:

MR. ROBERTS: In regards to the Counterclaim, if you will look at the Exhibit, I believe it’s Seven, wherein they made agreement…