Holmes Manufacturing Co. v. Fraker

The contract of employment sued on contained the provision: “The party of the first part [plaintiff] is to furnish a bond satisfactory to the party of the second part [defendant] to protect, such assets as are accessible to him.” One of the defenses set up by the defendant was that the plaintiff failed to furnish a bond as required by such provision. Special ground one of the amended motion for a new trial complains that the court, while charging the jury as to waiver of the above-quoted provision of the contract, erred in charging as follows: “Gentlemen, I charge you that the express terms…