Gray v. Mattingly

DAVIS, Commissioner.

The appellees obtained verdict and judgment for $2,500 in this action against appellant for alleged defective performance of a residence building contract. Appellant, the builder, assigns four bases in this effort to reverse the judgment: (1) an erroneous instruction was given; (2) incompetent evidence was admitted; (3) the court erred in admonishing the jury incident to a view of the premises, and (4) the court made comment discrediting a witness for appellant.

The appellees prayed recovery of $4,000 in the complaint, based upon their assertion that appellee had failed to…