Gordy v. Ocean Park, Inc.

There are but two questions involved in this appeal, and neither is very difficult to determine. The appellants, who were plaintiffs below, complain that the trial court (1) refused to instruct the jury that a written statement signed by one of the appellants’ witnesses that had been offered in evidence by the appellee in order to impeach the witness, should only be considered by the jury as affecting the credibility of the witness and not as substantive evidence, and (2) declined to rule as a matter of law that appellants’ exhibit 5 was a valid and enforceable contract of sale.

The appellants…