Hayslip v. Long

Headnote 1 is self-explanatory and requires no further elaboration.

In special ground 1 (numbered 4) error is assigned upon the following extract of the court’s charge to the jury: “If you find that there has been a mistake in the execution of the written contract in this case or for any other reason the written contract is not enforceable, I charge you that this fact would not preclude the plaintiff from a recovery in this suit, but he is entitled to recover from the defendant all the money he has paid to him or for his benefit at his request and the value of all merchandise turned over to…