Hallen v. Montgomery Ward Co. Inc.

The verdict should stand because it is for the jury and not the court to decide disputed questions of fact upon conflicting evidence. We have no right to substitute our notions for those of the jury on fact questions except where we can say as a matter of law that the evidence does not sustain the verdict.

The evidence in favor of defendants is not more persuasive than that of plaintiff. The majority comes to the conclusion that defendants’ evidence is more persuasive because it misconceives certain evidence relative to the sales slips, defendants had a larger number of witnesses, plaintiff…