Federal Motor Truck Co. v. Kellenberger

On September 8,1949, Federal Motor Truck Company, hereinafter called plaintiff, instituted this action by notice of motion against J. R. Kellenberger and Robert L. Hareum, trading as Federal Truck Sales and Service Company, hereinafter called defendants. Two jury trials were had. The first resulted in a verdict in favor of plaintiff for $2,407.47 and $250 attorney’s fee. That verdict was, on motion of • defendants, set aside because of alleged error due to refusal to instruct the jury upon a material issue of fact. On the second trial, at the conclusion of all the evidence, defendants moved…