Judge v. Continental Bank

Judgment reversed upon the law and the facts and a new trial granted, costs to abide the event. Judgment having been directed for the plaintiff on the opening, statements of counsel for the defendant regarding the merits of the controversy and the matters constituting the basis of the defense must be taken as true and given a construction most favorable to such defense. Under the circumstances disclosed by the record it could have been found that the contract was substantially completed by May 1, 1923, and that whatever details remained undone on that date were immediately thereafter attended…