Thompson v. Lyon

(After stating the foregoing facts.)

1. The court charged the jury as to the contentions of the defendant as alleged in his cross-action as follows: “That the plain tiff is justly and truly indebted to the defendant in the sum of $805, as shown by the detailed itemized statement attached to the defendant’s answer and marked defendant’s exhibit A, that the amount has been credited with $71.49 which leaves a total of $733.51.” The defendant contends that this charge was error because it failed to instruct the jury as to the items comprising the $71.49 credit, which the defendant conceded should…