Webster v. Jenkins

BERREY, Presiding Judge.

This is a court-tried case for damages arising under an oral contract for custom combining. The trial court found the issue in favor of appellant Larry Webster, hereinafter plaintiff, and assessed his damages at $9,000.

Respondent W.K. Jenkins, hereinafter defendant, subsequently filed a motion for a new trial which the court sustained. Rule 78.01 states that, “[a] new trial may be granted to all or any of the parties and on all or part of the issues after trial by jury, court or master.” However, the trial court did not comply with Rule 78.03 as it failed to specify of…