LaBore v. Clark Oil & Refining Corp.

PRITCHARD, Chief Judge.

This is an action for damages for an alleged wrongful termination of a service station lease. A jury returned a verdict for plaintiff in the amount of $10,000, which was $1,850 more than his prayer. Plaintiff entered a voluntary remittitur for $1,850, and on September 21, 1973, a notice of appeal was filed which recited that the appeal was taken from the judgment of September 17,1973. After arguments and submission of the case to the court it was discovered that there had been no entry of judgment upon the jury’s verdict. The appeal was thus premature. That defect has…