William Feinstein Bros., Inc. v. LZ Hotte Granite Co.

Missing from the majority opinion is the fact that both parties in the action, at the close of all the evidence, moved for a directed verdict on the grounds that the determination of whether the contract was entire or severable was a matter of law to be decided by the court, and presented no factual question for the jury. This is clearly set forth in their respective motions, and the lower court, in the presence of the jury, the parties and counsel, and before ruling on the motions, stated “we are also inclined to agree with counsel that there is no issue here for the jury.” No exception was…