Nusom Et Ux v. Fromm Et Ux

(Pro Tempore).

Plaintiffs sued at law to recover $7,000 paid to J. D. and Margaret Turnidge for the use and benefit of defendants. Defendants denied generally and plead estoppel arising from res judicata. Plaintiffs recovered judgment for $5,000. Judgment notwithstanding the verdict was entered in favor of defendants, and plaintiffs appeal.

In the one assignment of error three propositions are presented:

1. The timeliness of the order granting judgment notwithstanding the verdict and the right of the court to consider testimony that had been excluded in disposing of such motion.

2. Res judicata.

3.…