Darby v. Saffold & Sharpe

1. Under the pleadings and evidence, the plaintiff was entitled to recover the sum of fifty dollars at all events. If the evidence for the defendant is accepted as being- true, fifty dollars is the entire amount to be recovered. If the evidence for the plaintiff is accepted as being true, the verdict for $350 is demanded. It was error for the court to charge the jury that they should find a verdict for $350 or find in favor of the defendant, and to exclude from the jury the consideration of whether the promise to pay was $100 or $400.

2\ The statute of frauds is not involved in this ca.se,…