86 Ala. 519 | Ala. | 1888
The bill of exceptions states that the court charged the jury fully in explanation of the law applicable to the case, to which no exception was taken. Considering the portion of the general charge excepted to, in connection with a full and complete charge as to the law applicable to the case, we interpret it as intended merely to assert, that on a breach of the warranty, the plaintiff could maintain this form of action, and was not put 'to an action for damages. The charge requested by defendants must be construed in reference to the tendencies of the evidence. It appears that the apparent defect consisted in the thickness of the with
Affirmed.