Consolidated National Bank v. Cunningham

PHELPS, Superior Judge

(After Stating the Facts as Above). — -There seems, however, to be only two questions involved in this case, the first of which is whether or not there is sufficient evidence to support the verdict and judgment, and second, whether the instruction of the court relative to the measure of damages is sufficient under the circumstances.

Where there is no conflict in the evidence and a verdict inconsistent therewith could not be permitted to stand, the court should, upon motion, direct a verdict. But, if there is any conflict in the evidence upon any material issue, the case…