Fletcher v. Crichton

TALIAFERRO, Judge.

We granted a rehearing in this case for the twofold purpose (1) of giving further study to the merits thereof, and (2) of amplifying and modifying what we had to say concerning the necessity of a litigant alleging and proving the existence of a custom relied upon by him as a basis of recovery or defense. We arise from a second study of the record convinced that the opinion and decree heretofore rendered is correct, excepting what we may say to the contrary on the question of custom mentioned above.

It is admitted that plaintiff was employed by defendant to oversee her cotton…