Merritt v. Given

Practice — Instructions.—Instructions must not assume the existence of the facts in issue before the jury.

Appeal from St. Louis Common Pleas Cou/rt. The fourth instruction given for the plaintiffs was as follows: “ The fact that plaintiffs gave instructions to defendants to sell the flour after it had been sold, not knowing it had been sold, will not justify a previous sale made without instructions, and contrary to plaintiffs’ orders, nor constitute any defence against such previous sale made contrary to plaintiffs’ orders.”