Greer v. Doriot

Sims, J.,

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

The question presented for decision by the assignments and cross-assignment of error is as follows:

1. Did the court err in instructing the jury that if they believed from the evidence, by a preponderance thereof, that the contract set up in the notice and introduced in evidence was made and breached by the defendant as alleged in the notice, the plaintiff was “entitled to recover the stipulated price of the Ashe street property, to-wit, $3,500.00, but without interest, as it appears that the plaintiff…