Gamble v. Hogan

The court charged the jury in part as follows: “If you find the plaintiff is not entitled to recover, or if you find they have not sustained their case by the burden of proof, as I have outlined, then you would find in favor of the defendant. In that case the form of your verdict would be, ‘We, the jury, find for the defendant.’ ” It is contended by the special grounds of the amended motion for new trial that the court erred in failing to charge without request that, if the plaintiff, after an alleged breach, accepted from the defendant an extension of cutting time, such acceptance would…