Warren v. Goodrich

Sims, J.,

after making the foregoing statement, delivered the following opinion of the court:

So far as deemed necessary, the questions presented for our decision by the assignments of error will be disposed of in their order as stated below.

1. Did the court err in giving instruction No. 2, in that the standard it set up, by which the jury was to ascertain from the evidence whether the written contract was wholly abrogated, was erroneous in this, that the jury were thereby instructed that they should find that ‘the contract was abrogated if they believed that the additions, omissions or…