American Fire & Casualty Company v. Grizzle

Nichols, Presiding Judge.

Special grounds numbered 4 and 5 of the plaintiff’s amended motion for new trial assign error on the failure of the trial court to instruct the jury, without request, on the principle of caveat emptor and upon the principle that one who purchases personalty from one who is not the true owner acquires no title to same as against the true owner.

“It is the duty of the court to give in charge to the jury the law applicable to the issues made by the pleadings and the evidence, and a failure to do so, when injurious and harmful to the losing party, is reversible error.…