Kaiser Cement & Gypsum Corp. v. Allis-Chalmers Manufacturing Co.

In these consolidated appeals, the major questions are the propriety of the order granting a new trial on the sole ground that the verdict was “against the law” and the sufficiency of the evidence to support the verdict in favor of Kaiser on the bifurcated issue of liability on Kaiser’s causes of action for breach of warranty against Allis-Chalmers. We have concluded that the order granting the new trial must be reversed, the matter remanded for trial on the amount of damages, and the order denying the motion for a judgment notwithstanding the verdict, affirmed.

The record indicates that the new trial was granted solely on the ground that “the verdict is against the law.” Kaiser’s cause of action was barred by the statute of limitations. The rule that on appeal every intendment is in favor of the order granting a new trial is not applicable where the question presented is purely one of law, and if there is any substantial evidence to support the judgment, the new trial order must be reversed unless some error of law is actually demonstrated (Treber v. Superior Court, 68 Cal.2d 128, 136 [ 65 Cal.Rptr. 330 , 436 P.2d 330 ]; Reusche v. California Pac. Title Ins. Co., 231…