| Docket No. | Op. Below | Argument | Opinion | Author | Term |
|---|---|---|---|---|---|
| 821952 | - - | - - | March 7, 1986 | Thomas | 1986 |
Holding
DHA, Inc., T/A Eastern Timber Products sued Fay E. Leydig for breach of contract. At the end of plaintiffs case, the trial court struck plaintiffs evidence on a ground not asserted by defendant and not placed in issue by the pleadings. In our opinion, there was sufficient evidence to require defendant to present his case. Therefore, we will reverse.
