Jennings v. Smith

The appellants, Arthur H. Jennings and Judith A. Jennings, are appealing a final judgment of the Circuit Court of Jefferson County entered on December 13, 1976, denying their motion to set aside the verdict of the jury and award a new trial. Upon careful consideration of the record, briefs, and oral argument presented on this appeal we affirm, concluding that any error or defect in the proceedings below was either invited or harmless.

The facts in this case are largely undisputed, having been stipulated to in the trial court. On November 3, 1970, the appellants entered into a written retail…