Clark v. Campbell

DIXON, Judge.

Written on reassignment, this cause presents the question of sustaining a defendant’s after-trial motion because plaintiffs’ verdict directing instruction failed to negate affirmative defenses instructed upon at the request of the defendant.

Plaintiffs initiated suit on a contract for the construction of a house against the defendant contractor. Defendant, by his amended answer, set up an affirmative defense of interference by the plaintiffs with his performance. Upon trial, the jury returned a verdict in favor of the plaintiffs in the amount of $1,200, and defendant filed a…