Hagan v. Jenkins

While defendants offered substantial evidence tending to show that plaintiff failed to perform his part of the contract, and plaintiff made certain admissions in respect thereto, plaintiff’s evidence is not such as to warrant the conclusion, as a matter of law, either that he- voluntarily terminated his employment or was guilty of such derelictions of duty as would justify-his discharge. On this record these are questions for the jury to decide. Hence the motion to nonsuit was properly overruled.

During its charge to the jury the court instructed it as follows:

“You will understand, of course,…