SANDERS v. PETE & SONS GARAGE, INC.

No. 15888.

769 S.W.2d 844 (1989)

Alvin SANDERS and Loretha Sanders, Plaintiffs-Appellants, v. PETE & SONS GARAGE, INC., A Missouri Corporation, Defendant, and Jim Tharp and Delores Tharp, Defendants-Respondents, and Jerry Tharp and Debra Tharp, Fleet Parts Sales, Inc., a Corporation; and Truk Shak, Inc., a Corporation, Defendants, and Ron Covell and Julie Covell, Defendants-Respondents.

Missouri Court of Appeals, Southern District, Division Two.

May 16, 1989.


Attorney(s) appearing for the Case

Steven Privette, Willow Springs, for plaintiffs-appellants.

Robert W. Stillings, Springfield, for defendants-respondents.


PREWITT, Judge.

The trial court directed a verdict in favor of defendants on plaintiffs-appellants' petition and a jury found for plaintiffs-appellants on defendants-respondents' counterclaim. Thereafter, pursuant to a motion for new trial the trial court granted respondents a new trial on their counterclaim because the verdict was against the weight of the evidence.

Rule 78.02 gives the trial court the authority to grant one new trial on the ground that the...

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