Lancaster v. Mebane

(after stating tbe facts as above). Appellants excepted to tbe trial court’s charge to tbe jury, on tbe ground tbat its effect was to instruct them to find in ap-pellee’s favor; and requested tbe court to instruct tbe jury, instead, to find in their favor. Tbe action of tbe court in overruling the exception and in 'instructing tbe jury as he did, and in refusing to instruct them as be was requested to, presents tbe main question on tbe appeal.

Tbe contention is that it did not appear tbat appellants bad notice of tbe interest of appellee in tbe performance of tbe contract, and tbat they…