Dictograph Products, Inc. v. Cooper

1. Error is assigned, in special ground 4 of the motion, on the refusal of the trial judge to give a written request to charge as follows: “The fact that defendant in this case dismissed the cross-bill for overdrawn commissions does not mean that plaintiff is not liable for overdrawn commissions to defendant.” The plaintiff’s attorney in his opening statement to the jury had said that the cross-bill was a scheme to defeat the plaintiff’s case; that the plaintiff did not owe the defendant for overdrawn commissions; and that the fact that the defendant withdrew, and dismissed the counterclaim…