Haines v. Clark

Defendant assigns error in the court’s instructions to the jury on the issue addressed to the amount, if any, plaintiff was entitled to recover of the defendant. On this issue the court charged the jury as follows: “There is no controversy about that, gentlemen. The defendant does not deny the amount claimed by the plaintiff. He says he owes the plaintiff nothing, that there was not any contract, and that he owes him nothing. Gentlemen, the court instructs you that if you answer the first issue yes, and you find the evidence of the plaintiff to be true, that you would answer this third issue…