#### METROPOLITAN REFINING COMPANY v. AVON MILLS COMPANY.

(Filed 28 November, 1928.)

Trial — Issues—Form and Sufficiency.

Issues submitted to tbe jury that give full opportunity to the parties to present every phase of the controversy will not be held for reversible error for refusing other issues tendered, when the court has properly instructed the jury thereunder.

Appeal by defendant from Townsend, J., at Fall Term, 1928, of G-astoN.

No error.

J. L. Hamme for plaintiff.

Mangurn & Denney for defendant.

Per CuriaM.

Plaintiff brought suit to recover tbe sum of $315 for an alleged sale to tbe defendant of a certain preparation to be used in cleaning, beeping clean, and removing rust from tbe defendant’s boilers. Tbe defendant denied liability and pleaded fraud practiced by tbe plaintiff in securing tbe execution of tbe alleged contract. In answer to tbe issue submitted tbe jury found tbat tbe defendant is indebted to tbe plaintiff in tbe sum of $281.25 with interest from 1 March, 1927. Tbe defendant tendered several issues relating to tbe controversy but, in our opinion, all tbe matters which tbe defendant intended to present could be considered under tbe issue submitted by tbe court and answered by tbe jury; and in such event tbe refusal of tbe court to submit tbe issues tendered is not held for reversible error. We have examined tbe instructions given tbe jury, and upon consideration of tbe pleadings and tbe evidence, we find no error which entitles the defendant to a new trial.

No error.