Plaintiff sought payment for the services it performed in constructing the folders. Plaintiff also sought damages for an alleged misrepresentation by defendant's agents that the products initially delivered were acceptable. Judgment was entered for defendant on plaintiff's petition and on defendant's counterclaim. Plaintiff filed a motion for new trial. The motion for new trial was granted.
Defendant appeals the order granting a new trial.
This court affirms. The interrogatory answer was never supplemented. The motion avers that plaintiff was prejudiced by the false statement. The trial court heard arguments on plaintiff's motion for new trial, after which the motion was taken under advisement. Thereafter, the court entered its order granting the motion for new trial.