Country Maid Dairy, Inc. v. Hunter

PURYEAR,-J.

For convenience, we-mil-refer to the parties as plaintiff and defendants as they appeared in the trial Court, wherein the defendant-in-error was plaintiff and the plaintiffs-in-error were defendants. ■■

*140This suit was originally tried on February 4th and 7th, 1966, .in .the Third Circuit Court of Davidson County, before the Honorable Henry F. Todd, Judge, resulting in a jury verdict for the defendants. This verdict was set aside by the trial Judge because of jury misconduct and the case was reinstated on the docket March 11, 1966.

On May 2, 1966, plaintiff filed an amended declaration…