Fitts v. Addis

1. The special ground of the motion for a new trial alleges that the court erred in charging the jury that they should disregard the defense of the owner’s having an affidavit from Mclver, the alleged contractor, to the effect that all bills for materials and labor used in the construction of the house had been paid, because such an affidavit only affords protection to an owner who has a definite price contract With a contractor, and that the contract between the defendant and Mclver was not *697such a definite price contract. We do not decide whether or not the court’s charge was legally…