Merchants National Bank v. Carolina Broom Co.

The court instructed tbe jury that if they found the facts to be as testified by all the witnesses they should answer the first issue, “$1,500, with interest from 1 September, 1922”; the second issue, “$3,000”; and the third issue “Yes.” Defendant excepted to this instruction and assigns same as error. Defendant also excepted to the judgment signed, and assigns same as error.

The vital issue between plaintiff and defendant, I. L. Howell, was .not submitted to the jury. There is no admission in the pleadings or in the record which determines the issue raised by the allegation in the complaint…