Texas Co. v. City of Elizabeth City

On its appeal to this Court the plaintiff assigns as error the refusal of the trial court to instruct the jury, as requested by it, in writing and in apt time, that “if you believe all the evidence, and find the facts to be as the evidence tends to show, you will answer the issue ‘No.’ ”

This assignment of error cannot be sustained.

There was evidence at the trial tending to show that on 28 February, 1934, the plaintiff, the Texas Company, a corporation organized under the laws of the State of Delaware, with its principal office in the city of Wilmington in said state, purchased from M. L.…