Kvame v. Farmers Co-Operative Elevator Co.

Burke, Ch. J.

This is an action in conversion.

At the close of the plaintiff’s case defendant moved for a directed verdict, and at the close of all of the testimony both parties moved for directed verdict. The court said:

“I do not just like to take the case on these motions for directed verdict alone, but if you gentlemen want to agree on the record that the Court take the case and decide the case upon the merits as he sees it, without any prejudice, of course, to any rights of appeal, I will take the whole case and decide it just as though the jury had been waived at the beginning.

“Mr.…