Ball v. Clark

Suit on an account for work and labor. Judgment for plaintiff. Counsel say the Court erred in instructing the jury. The instruction states, briefly, “that in case of conversations between parties, the declarations of one party may be received and the other rejected.”

“The instruction should have been, that both should be weighed, and, if possible, reconciled with the facts in the case; and if not, then, that the jury were the judges of the weight to be given to each.”

Thus far from the brief of counsel.

The record says the Court gave the following instructions: “ The declarations of one party…