WORRILL, J.
1. The first special ground of the motion for a new trial complains of the refusal of the court to give the following request to charge: "I charge you further, that if you find under the evidence submitted and the law given you in charge; that after defendant has ample opportunity to examine the potatoes, the subject matter of the suit,. that he gave checks to be credited on the account sued upon, that the giving of the checks with knowledge of the defects...
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