Warwick Long Leaf Co. v. Zorn

*345Nichols, J.

1. The first and second special grounds of the amended motion for new trial complain that the court erred in failing to charge the jury as to what timber suitable for sawmill purposes was, and that the jury was not instructed as to the contention of the defendant that the reason that Tract No. 2 was undercut was that it contained a large portion of timber that was not suitable for sawmill purposes.

The record does not disclose that the defendant made any timely written requests that these charges should be given to the jury, nor did the defendant’s amended answer raise the question…