Franklin Discount Company, a Corporation of New Jersey, Plaintiff-Respondent v. Harold C. Ford, T/a Harry Ford Auto…

Summary

The Supreme Court of New Jersey reversed the trial court's judgment for the plaintiff, affirmed the trial court's decision to set aside the jury's verdict as contrary to the weight of the evidence, and remanded for a new trial without a jury unless the plaintiff elects otherwise. The court held that the trial court lacked authority to enter a directed verdict, that a verdict may be set aside on weight of evidence, and that a contractual waiver of a jury trial may be asserted on retrial despite an earlier waiver.