Truitt v. Fahey

Pennewill, J.,

charging the jury:

Gentlemen of the jury:—In this case the plaintiffs, trading as A. S. Truitt & Bro., seek to recover from Patrick Fahey, the defendant, damages alleged to have been sustained on account of the defendant’s breach of contract made between the parties hereto on the first day of October, 1900, respecting Silver Run road in this county.

The plaintiffs contend, and claim to have proved, that the contract was for the filling in said road for a length of 3,000 feet, with a width of 25 feet and depth of 8 feet. They further contend that they were ready and willing to do…