Strong v. Commercial Carpet Co., Inc.

Plaintiffs-appellants Lewis and Grace Strong (husband and wife) appeal from a judgment on a jury verdict in favor of defendants-appellees Commercial Carpet Co. and Kenneth Bullington.

Each of Strongs’ complaints were in two paragraphs, alleging breach of contract and negligence. At the conclusion of Strongs’ rebuttal evidence, the trial court sustained Commercial’s motion for judgment on the evidence as to the contractual theory. The negligence question went to the jury, which returned a verdict for defendants.

The central issue raised in this appeal is whether the trial court erred in…