GARDNER, J.
1. The first special ground assigns error on the refusal of the court to give in charge the following written request:
"If delivery of property sold is made by the seller beyond the time contracted for, and accepted and paid for by the purchaser without protest upon the ground of delay, this would amount to a waiver by the purchaser of any right to damages against the seller for delay in delivery." It is not error to refuse to charge a request...
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