Crow v. Becker

By the court, Robertson, Ch. J.

Four defenses were made by the answer in this case, and of course there were as many issues to be tried by the jury. 1. Whether a sum was paid by the defendants to the plaintiff, exceeding the work actually done by him. 2. Whether the defendants sustained damage by the unworkmanlike and unskillful performance *215of such work. 3. Whether such work was not completed within the time agreed on; and, 4. Whether the defendants sustained damage by the abandonment of such work by the plaintiff.

All of such issues are presumed to have been passed upon by the jury, unless…