Meares v. NIXON CONSTRUCTION COMPANY

In its brief defendant states its contention regarding the first assignment of error as follows: “The Court below committed error when it instructed the jury it should find that the defendant breached the contracts by failing to pay the estimates within thirty days without the jury first finding that said estimates had been approved.”

A portion of the charge included in this assignment of error is as follows:

“By way of summary, ladies and gentlemen, with regard to the second issue, ‘did. the defendant breach the Birmingham contract, as alleged in the complaint?’ the court instructs you that if…