Akins v. Parker

Atkinson, Justice.

(After stating the foregoing facts.) The only special ground of the motion for new trial complains because the judge in his instructions to the jury, after fully setting out the claim of the defendant for the cost of improvements, failed to call attention to the question of rents claimed by the petitioner on the house buiit by the defendant. The criticism is that the failure to instruct the jury as to their right to allow rents against the improvements, and their duty to do so, in the event they found rents owing by the defendant, was error because it had the effect of not…