American Iron & Metal Co. v. National Cylinder Gas Co.

Frankum, Judge.

The defendant has abandoned the general grounds of its motion for a new trial. Therefore, the sole question to be determined is whether the single special ground of the motion is meritorious.

The defendant contends that the trial court erred in failing to charge, in absence of a written request, the following: “Gentlemen of the jury, I charge you that under the law where parties enter into a contract where the parties by agreement or by conduct and acquiescence depart from the terms of that contract and pay or receive benefits under such departure, with knowledge of such…