Porter & Peck v. West Construction Co.

On the hearing before the referee it was agreed by the parties that all objections to evidence not set out in their briefs should be deemed withdrawn, and at the trial in term the judge found as a fact that pursuant to this agreement the defendant had waived its first eighteen exceptions and, moreover, had not objected to the referee’s report. As this finding is not subject to review we are not required to express an opinion on the merits of any of these exceptions.

The appellant requested this instruction; “The court further charges the jury that the contract between Porter & Peck and West…