CIVIL PROCEDURE-VERDICTS-NEW TRIAL FOR DEFENDANT BECAUSE OF INADEQUACY OF VERDICT AGAINST HIM

Plaintiff sued on a contract for a pro rata share of an agreed $750 annual bonus in addition to salary. The evidence was undisputed that plaintiff had worked for at least the first six months of the year, and possibly seven. The jury was instructed that if it should find that there was such a contract, it should return a verdict for a fractional part of $750, the amount depending upon the portion of the year worked. The result was a verdict in favor of plaintiff for only $312.50.

The trial court denied defendant's motion for new trial on grounds of a compromise verdict The court of appeals, reversing, held that the verdict could not be justified upon any reasonable hypothesis of the evidence, was violative of the instructions of the court, and should have been for at least $375 if for any amount. Winn Cigar Co. v. Wilson, (Ala. App. 1950) 48 S. (2d) 64.