Brown v. Carmanni

Carlisle, Judge.

The first and second special grounds of the motion for new trial complain of error because the trial court stated to the jury near the beginning of his instructions to them, and while stating the contentions of the parties as set forth by their pleadings, “The defendant, Carmanni, for further plea and answer, shows that he had a separate agreement with Harry Brown to haul certain material at a price of 12^ per cubic yard plus an additional price of 2.020 per cubic yard overhaul per each load of material that this defendant hauled,” and, “And for further plea and answer, the…