121 Ark. 570 | Ark. | 1916
(after stating the facts). The appellant sued the appellees as members of the firm of the Ola Company on account. The appellees defended on the ground that they were not liable as members of the firm of the Ola Company, but that the debt was the individual liability of E. E. Garrett, and that if the debt wtas the debt of E. E. Garrett, he had executed to appellant his individual notes, and that appellant had accepted same in settlement of the claim.
The court did not err in refusing appellant’s prayers for instructions on this issue. It had sufficiently covered the issue' made by the evidence in granting appellees’ prayers for instructions. It was not necessary, after these prayers were granted, to go over the same ground by granting appellant’s prayers concerning this issue.
The court properly refused appellant’s prayers in which facts were recited and a peremptory instruction was asked in favor of appellant, for the reason, as we ■have stated, that when the evidence is viewed in its strongest light for the appellees it made an issue of fact for the jury.
There is no reversible error in tbe record, and tbe judgment must therefore be affirmed.