Fruit Dispatch Co. v. Roughton-Halliburton Co.

1. We pretermit any discussion of the assignments of error contained in the motion for new trial (which the learned trial judge overruled), except the first two grounds of the amendment thereto, which deal with the points ruled in the second headnote; because, but for the error pointed out by these two assignments of error, we would hold that the result of the trial was authorized by the pleadings and evidence, and would not disturb the verdict, approved by the trial judge. As to the contention of the plaintiff in error (most strenuously insisted upon in this court, as well as in the court…