Verret Construction Co. v. Jelco Inc.
This text of 572 P.2d 1029 (Verret Construction Co. v. Jelco Inc.) is published on Counsel Stack Legal Research, covering Oregon Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Plaintiff brought an action to recover the reasonable value of the use of some heavy construction equipment. Defendant appealed from a judgment based upon a jury verdict for plaintiff. Defendant’s only assignment of error is that there was no substantial evidence to support the jury verdict.
Defendant made no motion for a non-suit or for a directed verdict. In the absence of having tested the sufficiency of the evidence to sustain the verdict in the trial court, defendant cannot raise the issue on appeal. Wood Ind'l Corp. v. Rose, 271 Or 103, 105-06, 530 P2d 1245 (1975); Shmit v. Day, 27 Or 110, 116-17, 39 P 870 (1895).
Affirmed.
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Cite This Page — Counsel Stack
572 P.2d 1029, 280 Or. 793, 1977 Ore. LEXIS 781, Counsel Stack Legal Research, https://law.counselstack.com/opinion/verret-construction-co-v-jelco-inc-or-1977.