Appeal by plaintiff from Lyon, J., at August Term, 1921, of Pitt. Civil action to recover damages for an alleged breach of contract.
There was a verdict and judgment in favor of tbe defendant · Decided 1922-03-15
Stacy, J.
¶1
Tbe plaintiff set up two causes of action: one for failure to pay one-balf of tbe cost of grading tbe tobacco; and tbe other for failure to furnish tbe amount of fertilizer as agreed'upon between tbe parties. His Honor declined to submit tbe second cause of action to tbe jury. In this we think there was error. True, tbe evidence of tbe plaintiff is not very satisfactory on this phase of tbe case — and that of tbe defendant quite positive — but we think it was sufficient to require its submission to tbe jury.
¶2
As we find no error in tbe trial of tbe first cause of action, tbe new trial will be limited to tbe second phase of tbe case.
