Wells v. Lloyd

— The present appeal is the third in this action. On the first a judgment for plaintiff entered upon a directed verdict was reversed on the ground that issues other than that pertaining to damages should have been submitted to the jury. (Wells v. Lloyd, 6 Cal.2d 70 [56 P.2d 517].) On the second appeal a judgment of nonsuit was reversed by the District Court of Appeal, which held that the evidence produced at the second trial was substantially the same as that presented at the first trial, that this court had decided upon the first appeal that there was sufficient evidence in favor of…