Zuccala v. Suncrest Orchards, Inc.

The court’s ruling on the motions for nonsuit and directed verdict must be sustained. There is sufficient evidence to support the findings in favor of plaintiff. The findings of a court in the trial of an action at law have the effect and force of the verdict of a jury: Or. L., §' 159.

This court has frequently held that the matter of opening up a case for taking further testimony rests in the sound discretion of the trial court. The court does not favor deciding a case on a technical oversight of counsel. The assignment was in writing and no attempt made to dispute it. A doubt was raised…