Johnson & Laughlin, Inc. v. Hostetler

PHILLIPS, Judge.

Defendant’s appeal from the denial of his motion for a new trial raises only one question — was the jury’s failure to follow the court’s instructions as to the steps to follow in determining the issues prejudicial error? We agree with the trial judge that it was not.

Though plaintiff’s two claims against defendant Hostetler were separately stated in the complaint and were based upon different circumstances and legal theories —one for construction done by plaintiff under the contract before it was terminated; the other for materials converted by defendant after the contract was…