Kendrick & Co. v. Visage

Judgment affirmed.

Yisage sued Kendrick & Co. on an account for balance claimed to be due for mining ore, and obtained a verdict. Tbe defendant’s motion for a new trial was overruled. The grounds of tbe motion were, (1-2) that the verdict was contrary to law and evidence, and (8) that the court erred in refusing to charge thus: “If the plaintiff received sixty-five cents per ton for ore mined i>y him, for the months of May, June and Juiy, or for any other series of consecutive months, and did not, at the time of receiving said payment, distinctly notify the defendants that he would insist upon…