This section contains the nature of the case and procedural background.

Walker (P) sued Appalachian (D) for $10,000 in damages for an alleged contract to install free of charge underground utilities. The jury gave the verdict to P for $6,000. P’s evidence tended to show that the lack of underground utilities reduced the sale value of his 20 lots by $8,000. D’s evidence tended to show that the cost of installation was $3,546. P wanted a jury instruction based on the value formula. D wanted an instruction based on cost. The trial judge used P’s instruction. D appealed.

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