Hopple v. Star City Elevator Co.

This was an action for damages by appellants for breach of a written hauling contract by appellee, between appellants and appellee. This cause was submitted to a jury, and at the close of all the evidence in the case, the trial court gave a peremptory instruction to the jury to return a verdict for appellee.

The parties have raised several interesting questions in their briefs in this court, but the propriety of the trial court’s action in giving the peremptory instruction is the controlling' question on this appeal.

*587*586In considering this question we are governed by the *587rule that a peremptory…