CARR, Judge.
It appears from the evidence that the plaintiff below sold some cotton seed to the defendant. The former brought this suit for the purchase price of the seed. The defendant in answer to the complaint filed a plea of tender. The issues were thus joined.
In his oral charge the court instructed the jury in part:
"Now, gentlemen, in case you are reasonably satisfied from all the testimony the plaintiff is entitled to recover in this case,...
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