Mabry v. Holcomb

(After stating the foregoing facts):

The court, after charging the jury under what circumstances a verdict might be returned for the plaintiff, then charged that under these circumstances “the plaintiff Holcomb would be entitled to a judgment against the defendant Mabry in the sum of that portion of the amount obtained by the defendant from such sale . . less any amount the plaintiff may have received to apply on his interest, whether received from the defendant or Hardy.” This charge was authorized by evidence that Hardy had given the plaintiff’s attorney a promissory note for $2500, and that…