Hinkle v. Burt

Burt sued Hinkle upon an account for dental work. Hinkle pleaded that the work totally failed and proved worthless, and had to be done over; etc. Plaintiff' obtained a verdict for the amount sued for, and defendant’s motion for a new trial was overruled. The motion contains the grounds, that the verdict was contrary to law and evidence; that the court refused a request to charge the law of partial failure of consideration ; and that the court erred in charging: “If you believe from the evidence that the account sued on is correct, that the work charged for in the several items of the account…