Buckeye State Building & Loan Co. v. Schmidt

Assuming that the instant case presented questions of fact for the jury, did counsel for the parties by their behavior waive their right to a determination of such facts by the jury?

The following statement is made in 39 Ohio Jurisprudence, 877 and 878, Section 220:

“Although it may be regarded as settled in Ohio that where each party asks for a directed verdict in his favor and nothing further is said or done by them, a presumption arises that they intend to waive the right to a submission to a jury and consent to a decision by the court on the questions of fact involved as well as the…