Ice v. Maxwell

Sanders, Judge:

This is an action of assxmipsit, brought in the circuit court-of Randolph county by E. Clark Ice against W. B. Maxwell, E. P. Loudin, -William Flint and Arnold Cunningham. To a judgment dismissing the action, the plaintiff applied for and obtained a writ of error.

The plaintiff assigns as error the giving of three certain instructions for the defendants, and that the verdict is contrary to the law and the evidence.

By instruction number .one, the jury were, in effect, told if they believed from the evidence that a contract was entered into between the plaintiff and defendants, in…