
    Fortson & Company v. Mikell.
    August 12, 1895.
    Action on contract. Before Judge Reese. Wilkes superior court'. November term, 1894.
    
      W. M. Howard and S. H Hardeman, for plaintiffs in error. William Wynne and Colley é Sims, contra.
   Atkinson, J.

The evidence fully ' warranted the verdict;' and there being no express complaint that the substantial issues involved were not fairly submitted to the jury by the court in its charge, the mere omission to give a particular instruction, even if the same would have been appropriate, is not, in the absence of a special request to give such instruction, cause for a new trial. Judgment affirmed.  