Carter

This is a motion by the appellants upon suggestion of diminution of record to have inserted in and made a part of the transcript on appeal the instructions given by the trial court to the jury.

The action is one involving alleged misrepresentations in the sale of cattle. Certain of the issues were submitted to a jury and the parties seem to sharply disagree as to whether the entire verdict was advisory in nature, as to just what was submitted to the jury and as to whether or not the trial court adopted the verdict of the jury in making its findings. In their opening brief the appellants claim, among other things, that the proper measure of damages was not applied and that- certain evidence relating to damage was erroneously received. The respondent, in his brief, contends that this evidence was properly admitted for an entirely different purpose. In making this motion the appellants contend that the instructions as given bear a direct relationship to the evidence received, disclose the purpose for W'hich the same was admitted, and will be of assistance to this court in the determination of the appeal on its merits. The motion further asks that the appellant Seaboard Dairy Credit…