Pritchard Rice Milling Co. v. Jones
Pritchard Rice Milling Co. v. Jones
Opinion of the Court
The action was brought by Jones to recover of appellant a balance alleged to be due him on a building contract for the erection of certain rice mill buildings. He alleged that the buildings had been erected according to the contract and modifications thereof made by defendant from time to time, and that he had performed certain extra work at the reguest of defendant, and was entitled to recover the contract price and the reasonable price of the extra work, all of which had been paid except the balance alleged and sued for. Defendant pleaded general denial and interposed a plea in re-convention or cross-action, alleging, in substance, that none of tEe buildings were constructed in accordance with the contract, but that the same were improperly and defectively constructed in various respects on account of which defendant 'had been damaged in sums exceeding $20,000, for which he asked judgment. There was a verdict for plaintiff for $7,247.39, with interest, upon which judgment was entered that plaintiff recover that sum, and that defendant take nothing by its cross-action.
The first assignment of error reads as follows: “The verdict of the jury is excessive, and finds against defendant an amount greater than all the testimony in the case will warrant.” The amended motion for new trial set forth the grounds for the claim of excessiveness of the verdict as follows: “Because the verdict of the jury is excessive, and finds against the defendant an amount greater than all the testimony in the case will warrant.”
It is not contended that the charge did not submit and submit properly the issues raised by the cross-action. The contention 'simply is that the verdict in itself did not expressly find against the cross-action. In the manner in which we find the issues submitted and the jury directed the verdict involved a disposition of the cross-action against defendant.
Judgment affirmed.
Reference
- Full Case Name
- Pritchard Rice Milling Co. v. Jones. [Fn1]
- Cited By
- 7 cases
- Status
- Published