Evans v. Hughes
Evans v. Hughes
Opinion of the Court
The lease in question runs from D. «T.. Evans, and the notes were all drawn payable to him. After suit was brought by him, and after the case had been tried one or more times, Mariam Scott intervened, claiming to> be jointly interested in the leased property and in the notes, and this is conceded to be true. The contract providing for the payment of the rent of 1894 in material, labor, etc., was claimed to have been made with the intervener. It was also claimed that this contract with her was afterwards somewhat modified in favor of the plaintiff and the intervener, and was then ratified by the plaintiff. The agreement to accept the three cribs of corn in payment of the 1895 rent was claimed to have been made with the plaintiff, and afterwards ratified by the intervener. It is strenuously urged by the appellants that the verdict does not receive such support in the evidence as to exclude the thought that it must have been the result ©f passion or prejudice; and, further, that there is not sufficient evidence to sustain the claim that the agreement as to the 1894 rent was authorized or ratified by the plaintiff, or that the acceptance of the corn in payment of the 1895 rent was agreed to or ratified by the intervener. With these con
Complaint is made of several paragraphs of the court’s charge to the jury, but we think the court very properly instructed on the question of a change in the original contract. A change therein in the mode of payment was plead, and. there was evidence, as we have already said, to support it. The other objections are 'chiefly to particular language used by the court. We find nothing of a prejudicial character in the language criticised. Taken as an entirety, we think the-instructions were as favorable to the plaintiffs as they could
Case-law data current through December 31, 2025. Source: CourtListener bulk data.