PER CURIAM.
The issue on this appeal is whether the trial judge properly directed a verdict for the defendant at the conclusion of the proof. As we find that the evidence presented an issue of fact which was the sole province of the jury to pass upon, we reverse the judgment of the district court.
When this case came before us in 1958 on appeal from the dismissal of the complaint, we treated it as an appeal from summary judgment and we held that the pleadings...
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