McCullough v. Baker

The plaintiff contracted with the defendant to do the masonry work of a church edifice for the sum of $6,000. He entered upon the execution of the contract, but never completed it. He avers that he was prevented from doing so by the unwarranted acts and defaults of the defendants. This averment is traversed by the answer, and the issue thus raised has been investigated by three different juries, the trial in each instance resulting in a verdict for. the plaintiff. At the last trial, the court, at the instance of the plaintiff, gave the following instruction: “If the jury believe from the…