This jury case is here on appeal from a judgment entered after the granting of motions for directed verdicts.

We are satisfied that the trial judge applied the proper rule and had before him a proper record upon which to take the case away from the jury and to decide in appellee’s favor. See Kellner v. Saye, 331 F.Supp. 846, 851 (D.Nev. 1971).

The judgment is affirmed.