McClory v. Lancaster

This was an action of assumpsit by the appellee against the appellant for work and labor, which resulted in the court below in a verdict and judgment for $315, in favor of the appellee on a third trial before a jury, the first trial having resulted in a disagreement by the jury, and the second in a verdict for $500, which was set aside. Under such circumstances the judgment of the court below would be affirmed, except for the plain error committed in the giving of the second of appellee’s instructions.

The services sued for were rendered by the appellee during a period of eight years—from…