Legget v. Harding

Suit upon a lease containing mutual obligations. Allegations of performance on the part of the *415plaintiff, and breaches on that of the defendant. Issues of fact, judgment for the plaintiff.

W. J. Peaslee, for the appellant. M. M. Ray, for the appellee.

But two questions are presented by the record. The first is upon an- instruction, and is settled by the cases of Wood v. Commons, 3 Ind. R. 418, and Cory v. Silcox, 6 id. 39. The principle governing is this: that where an instruction is given narrower than the issues made by the pleadings, and yet assuming to cover the whole question in dispute,…