Smith v. Maples

Pannell, Judge.

1. In an action seeking damages for the breach of a contract and attorney’s fees under Code § 20-1404 as an expense of litigation because of bad faith, the trial judge charged the jury that “the term ‘bad faith’ has a meaning which is the opposite of good faith. It means bad purpose, bad intent, bad state of knowledge or’desire.” There is no error in the charge. Complaint is made of the failure of the trial judge to more fully define the term “bad faith.” If the appellant desired additional charges as to definitions of bad faith it should have requested them in writing. Holmes…