Gruben v. Leebrick & Fisher, Inc.

This case was tried before the court without a jury, judgment was rendered for the plaintiff, and defendant moved for a new trial on the grounds that “1. That the evidence is insufficient to justify the decision and that the decision is against the law;

“2. Errors in law occurring at the trial.”

Upon such motion the trial court ordered “that a new trial be and hereby is granted on the defendant’s motion” without further specification of grounds therefor. Examination of the record before us discloses that there was a substantial conflict in the evidence before the trial court and therefore such…