OPINION
MASSEY, Chief Justice.
At the close of the evidence adduced upon jury trial the court, being of the opinion that the facts were undisputed and that there was no ultimate fact to be decided, released the jury and rendered judgment in favor of the plaintiff, Guardian Title Company, and against the defendant, Meto Miteff, for $5,000.00 plus interest from date of judgment (February 25, 1980), plus costs.
Therefrom Miteff has appealed.
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