Oszman

The appellant asks reversal of a money judgment against it because two of its proposed instructions were not given to the jury. Appellant’s sole defense to the action is that the alleged indebtedness never existed. The rejected instructions were intended to point up appellant’s claim that there were such unreasonable delays on the part of appellee in making demands and in bringing suit for the sum of various amounts of money allegedly expended by appellee at appellant’s request and for his benefit, that the jury should take note of them and the circumstances in arriving at its verdict.

It is of course true that the theories of parties to a court action should be given the jury by way of instructions or charge and this the court adequately did. But this does not mean that a party has the right to- have the jury charged upon every inference it thinks should be drawn from the evidence adduced. , The court charged the jury in an unimpeachable manner as to the issues in the case which amply covered the theory of the parties — on the one side that the indebtedness existed, on the other that it never had existence. The court exercised its discretion by choosing not to comment upon or to…