Plourd v. Scroggs

DONOFRIO, Presiding Judge.

The plaintiff in the trial court brought an action seeking recovery of attorney’s fees under an express contract. The jury returned a verdict of $4,500 in favor of the plaintiff and thereafter the trial court entered judgment n. o. v. for the defendant from which plaintiff brings this appeal. The issue we must decide is whether or not the trial court erred in granting the judgment notwithstanding the verdict.

Where judgment n. o. v. has been given, the appellate court on review must consider the evidence in the light most favorable to sustaining the jury verdict.…