Turner v. Tomberlin-Sheetz Architects, Inc.

Jordan, Judge.

1. The trial court in summarizing the allegations of the plaintiff’s original petition instructed the jury as follows: “ [A] nd he alleges and sets forth in his petition that the reasonable value of services he rendered was $11,380' which he alleges defendant agreed to pay.” The defendant in special ground 5 of his amended motion for new trial contends that this instruction constituted a material misstatement of the plaintiff’s contentions as shown by the allegations of the original petition since the plaintiff did not contend therein that the defendant had agreed to pay the sum…