125 Va. 98 | Va. | 1919
delivered the opinion of the court.
The plaintiff in error having bought of N. Klaff, under a written contract, one thousand tons of industrial scrap iron, to be delivered in from ninety to one hundred days, and the seller having failed to make delivery, instituted his action for breach of that contract. There was a verdict and judgment for the defendant and of this the plaintiff is here complaining.
The parol evidence is sharply conflicting, and the written evidence, consisting of a number of letters which passed between the parties, is of doubtful import, confusing and inconsistent. While the plaintiff relied upon one of his letters, which after having waived the original date of deliv
A recent case illustrating the doctrine is Danville Lumber & Mfg. Co. v. Gallivan Building Co. (N. C.), 97 S. E. 718, citing Reid v. Field, 83 Va. 26, 1 S. E. 395.
(1) To the giving, refusing and amending of instructions. It is sufficient to say as to this, that the instructions given by the court fairly presented the issues to the jury, and while from inadvertence there are some verbal inaccuracies which are justly criticised, there is no misstatement of the law, their meaning is plain, and the inaccuracies could not possibly have misled the jury. The point so much insisted upon, that the court should have construed the written testimony as decisive in favor of the plaintiff, is not well taken.
(2) It is claimed that the court erred in permitting certain pages of the ledger of the defendant, containing the account between the parties, to be carried to the jury room. This point is based upon the assertion of counsel that the record does not show that this account was introduced in evidence. It is sufficient to say as to this that he is mistaken.
We find no reversible error in the proceedings.
Affirmed.