Graham v. Sadlier

The appellees sued the appellants to recover a balance claimed on an account for books sold, and the question in the case was as to the amount.

It may be admitted that statements made by Andrew J. Graham before the trial, were inconsistent with his testimony on the trial, but what sum the appellees are entitled to recover is not so clear that a serious error, which may have had the effect of increasing the amount of the verdict, can be disregarded.

At the request of the appellees, and plainly aimed at the said Andrew, the court gave this instruction:

“ The court instructs the jury that if they…