King v. Cox

The trial judge in this case certifies: "At the close of the evidence for both sides, the court directed a verdict for plaintiff and submitted damages, vel non, for determination by the jury.” Despite this direction, he allowed the jury to return a verdict for the defendant, and entered a judgment against plaintiff for costs of court.

The plaintiffs suit prayed for a general judgment for $2,400.66 for breach of contract. Code § 20-1409 provides: "In every case of breach of contract, the other party has a right to damages; but if there has been no actual damage, the plaintiff can recover…