Atyeo v. Leidigh & Havens Lumber Co.

The opinion of the court was delivered by

Harvey, J.:

Plaintiffs sued for damages alleged to have resulted *819from a breach of contract of purchase of brick to be used in a building. The jury answered special questions and returned a general verdict for plaintiffs. Defendant moved for judgment in its favor on the answers to the special questions, notwithstanding the general verdict. The motion was overruled, and defendant has appealed from that ruling. The evidence has not been brought up, and no complaint is made of instructions. The sole question presented is whether the answers to the special…