Salmon v. McCrary

Duckworth, Justice.

While counsel for the. defendant in error argues that the evidence is substantially the same as that on the last trial of the case, the issue is not to be determined by such a consideration, but by deciding whether or not there was evidence which would support the contract as finally alleged, and whether or not the jury would be authorized to find that there was full performance by the claimant and her husband and a breach on the part of Mrs. Grace.

“Contracts under which one of the contracting parties agrees with the other, for a valuable consideration, that he will make a…