51 S.C. 143 | S.C. | 1897
Lead Opinion
The opinion of the Court was delivered by
The plaintiff, by his complaint, containing three causes of action, sought to recover $1,618.40 from the defendant. The issues under the pleadings and proofs were submitted to a jury, whose verdict was for $790, in favor of the plaintiff.
After judgment was entered thereon, the defendant appealed therefrom on three grounds, to wit: 1. Because his Honor erred, it is respectfully submitted, in not permitting defendant to introduce testimony to show what it cost defendant to complete the Feaster contract after Feaster was dismissed. 2. Because he further erred in refusing to charge, as requested by defendant, “That if the jury believe the work called for from plaintiff was not done in a true
According to the views I entertain, our judgment should be: It is the judgment of this Court, that the judgment of the Circuit Court be reversed, and that the case be remanded to the Circuit Court for a new trial; but inasmuch as the Court is equally divided in opinion, under the Constitution of the State, the judgment of the Circuit Court is affirmed.