Hart v. Hart

RAWLINGS, Justice.

Plaintiff brought action at law on a promissory note. Trial jury unable to agree on verdict was discharged. Motions by plaintiff for judgment notwithstanding jury’s failure to agree, with alternate motion to adjudicate law points relative to instructions given were both overruled. Plaintiff takes permissive appeal. We reverse.

According to the record this, in substance, is the factual situation here presented.

Plaintiff, John L. Hart, and defendant, E. Frank Hart, sometimes hereinafter referred to as John and Frank, respectively, are brothers.

Originally John and Dale E. Norton…