Fordyce v. Hansen

Plaintiffs appeal from an order denying their motion for a new trial following a jury trial in the District Court, Tenth Judicial District. They base their appeal on two issues: 1) Was there such an irregularity in the proceedings of the court that the substantial rights of the plaintiffs were affected? 2) Was there newly discovered evidence material to plaintiffs’ case which could not, with reasonable diligence, have been discovered and produced by them at trial?

Defendant Lee Hansen, on about May 1, 1980, placed a newspaper advertisement for sale of a “barrel horse” with “lots of spirit,…