Clayton v. Simpson

This is an appeal by the defendant from a jury verdict and judgment thereon. The plaintiff sued the defendant for $5,000 alleging misrepresentation and breach of contract.

Able counsel raises several unrelated issues in brief; however, the dispositive issues are (1) Does the evidence support the verdict and judgment and (2) Did the trial court err in allowing the plaintiff to demand a jury some four months after the original complaint and answer thereto had been filed. We find no reversible error regarding either aspect.

The original complaint was filed by the plaintiff in June, 1975. The…