Allen Steel Supply Co. v. Bradley

The portion of this opinion with which I do not agree is the conclusion that appellant was not entitled to a jury trial.

The record discloses that on April 1, 1963, the trial court fixed April 24, 1963 as the date upon which a pretrial conference would be held. At said conference appellant’s answer was amended by adding a second affirmative defense and appellant also at that time demanded a jury trial. Appellant states that the court at that time indicated that a jury trial would not be granted and appellant thereafter on May 1, 1963, filed a written demand for a jury trial.

The pretrial order…