28 S.D. 182 | S.D. | 1911
This is an action brought to recover on one of a series of promissory notes given plaintiff by defendant as part purchase price of a steam traction engine. Defendant inter
The alleged insufficiency of the evidence to sustain the verdict is one of the assignments of error, being presented, in one place, under the heading: “The verdict and judgment against the law.” The record does not contain the instructions of the court, and it is not claimed that the verdict of the jury was not sustained by the facts proven based upon the law as given by the court.
When both sides had rested, the appellant moved the court to direct a verdict in its favor. This motion was denied, and appellant has assigned this ruling as error. Said motion was in the following language: “The plaintiff moves the court upon the undisputed evidence in the record to direct a verdict for the plaintiff and against the defendant upon all the issues.” Upon this appeal, in assigning as error the court’s ruling upon the above motion, appellant as a part of such assignment has called specific attention to four separate and distinct points, wherein it is claimed that said evidence is insufficient to support the claim for damages pleaded in the counterclaim. In view of the fact that there was a very considerable conflict in the evidence received, the trial court
For all the reasons herein given, the judgment and order of the trial court should be, and are, affirmed.