Mayor of Hickory v. Semmes

Citations

• 123 Miss. 436
• 86 So. 272

Syllabus

<p>1. Tetar. Instruction not, supported bp' evidence is error.</p> <p>It is error to give an instruction to the jury not based upon the testimony.</p> <p>2. Contracts. Evidence held insufficient to authorize instruction that evidence showed acceptance of heating plant.</p> <p>Under the terms of a contract providing that heating plant must easily heat a building to a certain temperature, which contract and guaranty is for the duration of one year, and where the testimony shows that the plant on the first test operated successfully, and that the agent of the purchasers of the plant at that time believed the plant complied with the contract and accepted it, but there was no waiver of the terms of the contract that the plant should successfully do this for a period of one year, an instruction was erroneous which warranted the jury in believing that the plant was accepted immediately after this first test. This testimony would only warrant the jury in believing that the plant properly heated the building upon the first test.</p>