J.I. Case v. E.J. Turner
J.I. Case v. E.J. Turner
Opinion of the Court
The only issue properly preserved for our review is whether the trial court erred
The requisite contingencies to be met by the purchaser prior to returning the equipment, pursuant to the written lease, were not, however, described to Turner. Indeed, the evidence indicates that Turner, who could neither read nor write, relied on “the Case people,” with whom he had dealt in the past, and it was these very “people” whose testimony verified Turner’s claim of misrepresentation.
This evidence was more than sufficient to create the minimum reasonable inference in support of Turner’s claim of misrepresentation, requiring that that issue go to the jury. See Alabama Power Company v. Taylor, 293 Ala. 484, 306 So.2d 236 (1975). The case below presents a classic jury question, which was resolved in favor of Turner.
We find that the trial court correctly refused to grant Appellants’ motions for directed verdict and J.N.O.V. and that the judgment appealed from is due to be, and it hereby is, affirmed.
AFFIRMED.
Reference
- Full Case Name
- J.I. Case D/B/A Case Power and Equipment Company and J.I. Case Credit Corp. v. E.J. Turner.
- Cited By
- 1 case
- Status
- Published