Varn Co. v. Hamiltonian Federal Savings & Loan Ass'n of Ferguson

FINCH, Chief Justice.

Plaintiff, a home improvement contractor, obtained a judgment for $38,960, plus interest, allegedly placed in a reserve account by defendant for the benefit of plaintiff.1 The issue for determination on this appeal is whether the trial court correctly granted defendant a new trial as to Count I on the basis that plaintiff’s verdict directing instruction (a modification of MAI 26.02) was prejudicially erroneous. We conclude that he did and hence affirm.

From 1959 to 1963 plaintiff did a limited amount of business with the home improvement loan department of the defendant.…