Mort Co. v. Paul

Opinion by

Dithrich, J.,

This action to recover the balance due on a contract for the installation of storm windows on defendant’s premises is defended on the ground that plaintiff failed to perform the work in accordance with the contract. In more specific terms, the defense is that the work' was not done in a good and workmanlike manner.

The jury found for plaintiff in the full amount of its claim. Defendant then moved for judgment n.o.v. and for a new trial, alleging that the trial judge committed fundamental error in the charge, to which only a general exception was taken. From a denial of…