Robinson v. . Benton

McD. Morrison et al., excepted and assigned error and appealed to tbis Court on tbe charge of tbe court below: “Now gentlemen of tbe jury, there are two issues which you will see on tbis paper, which I will band you later on, as to whether or not there was such an agreement and whether or not it was left out of the paper by mutual mistake o£ the parties, or inadvertence of the draftsman. You need not answer those issues ‘1 and 2/ they are withdrawn from your consideration, and I am now withdrawing from your consideration, any evidence bearing upon the issues one and two, and you need not…