Bernard v. Vatheuer

Plaintiff, Norman Bernard, a real estate salesman, sought damages for breach of an oral joint venture agreement between himself and defendant, Hans Vatheuer. Defendant moved for a directed verdict, alleging that plaintiff had failed to establish the joint venture agreement by “clear and convincing evidence.” Plaintiff responded that he must prove his case only by a preponderance of the evidence. The trial court denied defendant’s motion for a directed verdict and instructed the jury that:

“A party has the burden of proving by a preponderance of the evidence any claim made in that party’s…