#### W. W. WATT v. SHAPLEIGH HARDWARE COMPANY.

(Filed 19 November, 1919.)

Evidence — Instructions.

Held, a question of fact for the jury under correct instructions given them.

Appeal from Adams, J., at February Term, 1919, of MecxleNbueg, from judgment upon these issues:

*660“1. Is tbe defendant indebted to tbe plaintiff? ‘Yes.’ If so, in wbat amount? Answer:‘$2,943.66.’

“2. Has tbe defendant tendered to tbe plaintiff any payment upon plaintiff’s alleged indebtedness ? If so, wbat is tbe amount of tbe tender and tbe date thereof? Answer: ‘Yes; $1,493.61, on 26 August, 1918.’ ”

From tbe judgment rendered tbe defendant appealed.

JE. B. Preston and Glarlcson, Taliaferro & Glarlcson for plaintiff.

A. B. Justice for defendant.

PER Curiam.

Upon an examination of tbe record in tbis case, tbe Court is of opinion tbat tbe only question involved is one of fact, wbicb bas been determined by tbe jury in favor of tbe plaintiff under a clear charge, free from error. •

No error.