Effel v. Effel

Birdsong, Presiding Judge.

This is an appeal from the order denying appellant/defendant’s motion for new trial. Appellee/plaintiff initiated suit for breach of contract; a bench trial was commenced but thereafter the trial court called up a jury to determine the value of certain precious metal scrap. For reasons not disclosed in the record, a transcript of the proceedings could not be obtained. Rather the record contains an attempted reconstruction of the transcript by the parties. After appel lant’s counsel and one of appellee’s co-counsel prepared the reconstruction and stipulated thereto,…