J. F. Holley Construction Co. v. Brown Service Funeral Homes Co.

MERRILL, Justice.

Appeal from a judgment granting a: motion for a new trial.

Appellee sued appellant for damages for breach of a contract for the construction of a funeral home. The jury found for the appellant, and the trial court granted appel-lee’s motion for a new trial.

Appellee’s amended compaint consisted of Counts One and Two, which charged breach of a written contract, and Counts A and B, which charged breach of a contract partly written and partly oral.

The order granting the new trial was not rested on any specific ground. When so, the judgment granting the new trial must be sustained…