by particular factual basis or theories, but it included an instruction restating the express warranty provided under the parties’ contract. To the extent Powell argues that the trial court erred in refusing to include its breach of warranty instruction, Powell does not demonstrate how its proposed instruction would have prevented the jury from considering any improperly submitted theory of liability or why the instruction was otherwise necessary. Nor does Powell point to any evidence in the record that might have caused the jury to find a breach of warranty based on conduct and that would have been excluded under Powell’s proposed instruction. We conclude the trial court was within its discretion in declining to submit Powell’s proposed instruction. See Bush, 122 S.W.3d at 857-58 (<HOLDING>). Cross-Appeal on Amount of Damages and Fees
holding that the trial court did not err in refusing to give the defendants tendered instruction regarding the voluntariness of his confession holding that the district court did not err in determining that inadvertent disclosure did not result in waiver holding that the trial court did not err in refusing to consider debtors claim of rescission as an equitable defense to the foreclosure action where that defense was not raised before the clerk holding that trial court did not err in refusing instruction that would have directed jurors not to consider specific acts of negligence in determining medical centers liability holding that trial court did not err