alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 10.2






Exhibit 10.2




AMENDMENT TO LAYLE K. SMITH’S TERM SHEET DATED MARCH 3, 2008




This Amendment (the “Amendment”) to the Management Equity Investment and Incentive Term Sheet
(the “Termsheet”), dated as of March 3, 2008, between Noranda Aluminum Holding Corporation (the
“Parent”), Noranda Aluminum, Inc. (the “Company”) and Layle K. Smith (the “Executive”), is made and
entered into as of the 12th day of November, 2009.



1. The reference to “the 18-month anniversary of the Effective Date” in the definition of
“Early CIC” in the section of the Termsheet entitled “Treatment of Purchased Equity and Parent
Options Upon a Change in Control” is hereby replaced with the following words: “the sixty-month
anniversary of the Effective Date”.



2. All references to “Tranche A Options” in the section of the Termsheet entitled “Treatment
of Purchased Equity and Parent Options Upon a Change in Control” are hereby deemed to refer to all
of the Parent Options.



3. Except as expressly amended by this Amendment, all terms and conditions of the Termsheet
remain in full force and effect and are unmodified hereby.



IN WITNESS WHEREOF, Executive has hereunto set Executive’s hand, and Parent and Company have
caused these presents to be executed in its name on its behalf, all as of the day and year first
above written.



	 	 	 	 	 	 	 
	 	 	EXECUTIVE	 	 
	 
	 	 	 	 	 	 
	 	 	 	 	 
	 	 	Layle K. Smith	 	 
	 
	 	 	 	 	 	 
	 	 	NORANDA ALUMINUM HOLDING CORPORATION	 	 
	 
	 	 	 	 	 	 
	 

	 	By  	 	 	 	 
	 

	 	 	 	 	 
	 

	 	 	Name:  	 	 	 
	 

	 	 	Title:	 	 	 
	 
	 	 	 	 	 	 
	 	 	NORANDA ALUMINUM, INC.	 	 
	 
	 	 	 	 	 	 
	 

	 	By	 	 	 	 
	 

	 	 	 	 	 
	 

	 	 	Name:	 	 	 	 
	 

	 	 	Title:
§ 91.863 Transfers of Stage 2 airplanes with base level. ( a ) Stage 2 airplanes may be transferred with or without the corresponding amount of base level. Base level may not be transferred without the corresponding number of Stage 2 airplanes.
( b ) No portion of a U.S. operator's base level established under § 91.861(a) may be used for operations by a foreign air carrier. No portion of a foreign air carrier's base level established under § 91.861(b) may be used for operations by a U.S. operator.
( c ) Whenever a transfer of Stage 2 airplanes with base level occurs, the transferring and acquiring parties shall, within 10 days, jointly submit written notification of the transfer to the FAA, Office of Environment and Energy. Such notification shall state: ( 1 ) The names of the transferring and acquiring parties;
( 2 ) The name, address, and telephone number of the individual responsible for submitting the notification on behalf of the transferring and acquiring parties;
( 3 ) The total number of Stage 2 airplanes transferred, listed by airplane type, model, series, and serial number;
( 4 ) The corresponding amount of base level transferred and whether it is U.S. operator or foreign air carrier base level; and
( 5 ) The effective date of the transaction.
( d ) If, taken as a whole, a transaction or series of transactions made pursuant to this section does not produce an increase or decrease in the number of Stage 2 airplanes for either the acquiring or transferring operator, such transaction or series of transactions may not be used to establish compliance with the requirements of § 91.865.
[Doc. No. 26433, 56 FR 48659, Sept. 25, 1991]
UNITED STATES DEPARTMENT OF THE INTERIOR

BULLETIN 1047-B
GEOLOGICAL SURVEY PLATE 8

Larios" ae

o IRVINE PRINTS

ae

a

ees

amas,
sora

WHITESBURG COAL BED

ret ca Coe \ wail EXPLANATION

Area underlain by coal more
than 28 inches thick

Area underlain by coal
14 to 28 inches thick

Area underlain by coal less
than 14 inches thick or area
from which coal has been
removed by erosion

Outerop of coal bed
See) ae
Coal thickness line
Thickness interval 7 inches.
Thickness lines restored in areas
where coal has been removed by
erosion

{Ne eed

D
Fault, approximately located
U, upthrown side; D, downthrown side

x 68
Location and number of graphic
coal section shown on plate 5
Other control points shown
without numbers

art

TOM COOPER COAL BED

Base from U.S. Geological Survey map-of

INTERIOR—GEOLOGICAL, SURVEY. WASHINGTON. D.C —61179
Salyersville North quadrangle, 1951

MAPS SHOWING THICKNESS OF FIRE CLAY, WHITESBURG, AND TOM GOOPER COAL BEDS
IN THE SALYERSVILLE NORTH QUADRANGLE, KENTUCKY

SCALE 1:48000
1

Geology by W. L. Adkison and J. E. Johnston

2 3 MILES
#### §§ 91.328-91.399 [Reserved]
Waiver of Rights Upon Issuance of Other Securities dated August 3, 2009



 Exhibit 4.6 
 ANTIGENICS INC. 
 Waiver of Rights Upon Issuance of Other
Securities 
 RECITALS 
  

	1.	Reference is made to the Senior Secured Convertible Notes issued on October 30, 2006 (together with any senior secured convertible notes issued in replacement or
exchange thereof in accordance with the terms thereof and any senior secured convertible notes issued to pay interest, the “Notes”), by Antigenics, Inc., a Delaware corporation (the “Company”) to Ingalls &
Snyder Value Partners L.P. (“Ingalls”) and Penrith LTD (“Perinth” and together with Ingalls, the “Investors”). 

  

	2.	Pursuant to an Agreement to be negotiated and executed within 30 days of the date hereof to be entered into between the Company and certain prospective investors, the
Company will agree to sell and issue common shares, par value $0.01 per share, (“Common Shares”) in exchange for up to $12,000,000 in gross proceeds, and warrants (“Warrants”) to purchase up to the same number of
additional shares of Common Stock (the Common Shares, Warrants and the Common Stock issuable upon exercise of the Warrants, “New Securities”). 

  

	3.	Pursuant to Section 7(a) of the Notes, the Investors will have certain anti-dilutive rights upon issuance of the New Securities proposed to be sold and issued (the
“Anti-Dilutive Rights”). 

  

	4.	The undersigned parties desire to permit the sale and issuance of the New Securities without triggering the Anti-Dilutive Rights and adjust the Fixed Conversion Price
(as defined in the Notes) from $3.50 to $3.00. 

  

	5.	The undersigned Ingalls holds 2006 Notes representing at least a majority of the aggregate principal amount of the 2006 Notes outstanding as of the date hereof.


 NOW THEREFORE, the undersigned agree as follows: 
  

	1.	Waiver. The Investors hereby waive all of their rights under Sections 4 and 7(a) of the Notes with respect to the sale, issuance and exercise of the New
Securities. 

  

	2.	Amendment. The Company and the Investors hereby agree to amend Section 2(b)(ii) of the Notes such that Section 2(b)(ii) shall read as follows:


 “Fixed Conversion Price” means $3.00 (also referred to as the “Initial Fixed Conversion
Price”), subject to adjustment as provided herein. 
  

	3.	 Miscellaneous. Other than as specifically set forth herein, this Consent of Rights Upon Issuance of Other Securities shall not be construed as a
consent to any future











	 	 
action or a waiver of any right or remedy on any future occasion. This Waiver of Rights Upon Issuance of Other Securities may be executed in one or more counterparts, all of which shall be
considered one and the same waiver. 


 [Signature Page Follows] 







 IN WITNESS WHEREOF, the undersigned have executed this Waiver of Rights Upon Issuance of
Other Securities as of August 3, 2009. 
  

					
	 ANTIGENICS INC.

		
	 By:
	 	 /s/ Shalini Sharp

		 	 Name:
	 	Shalini Sharp
		 	 Title:
	 	CFO


  

			
	INVESTORS:
	
	 INGALLS & SNYDER VALUE PARTNERS L.P.

		
	 By:
	 	 /s/ Thomas O. Boucher Jr.

	 Name:
	 	Thomas O. Boucher Jr. 
	 Title:
	 	General Partner
II 

116TH CONGRESS 

2D SESSION S. 4654 

To amend the Water Resources Development Act of 1986 to require that 

at least 12 percent of amounts appropriated out of the Harbor Maintenance Trust Fund are used for projects on the Great Lakes Navigation 

System, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 22, 2020 

Mr. PORTMAN (for himself, Ms. STABENOW, Mr. DURBIN, Ms. KLOBUCHAR, 

Mr. PETERS, Ms. BALDWIN, Mr. YOUNG, Mr. BROWN, Ms. SMITH, and 

Ms. DUCKWORTH) introduced the following bill; which was read twice and 

referred to the Committee on Environment and Public Works 

A BILL 

To amend the Water Resources Development Act of 1986 

to require that at least 12 percent of amounts appropriated out of the Harbor Maintenance Trust Fund are 

used for projects on the Great Lakes Navigation System, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Great Lakes Naviga5 tion Act of 2020’’. 


pamtmann on DSKBC07HB2PROD with BILLS
2 

•S 4654 IS

1 SEC. 2. GREAT LAKES NAVIGATION SYSTEM. 

2 Section 210 of the Water Resources Development Act 

3 of 1986 (33 U.S.C. 2238) is amended— 

4 (1) in subsection (c)— 

5 (A) by redesignating paragraph (4) as sub6 paragraph (A) and indenting appropriately; 

7 (B) by inserting after paragraph (3) the 

8 following: 

9 ‘‘(4) GREAT LAKES NAVIGATION SYSTEM.—’’; 

10 and 

11 (C) in paragraph (4) (as so designated), by 

12 adding at the end the following: 

13 ‘‘(B) REQUIREMENT.—For each fiscal 

14 year, of the amounts appropriated out of the 

15 Harbor Maintenance Trust Fund, the Secretary 

16 shall use not less than 12 percent for projects 

17 that are located within the Great Lakes Naviga18 tion System.’’; and 

19 (2) in subsection (d)(1)(B)— 

20 (A) by striking clause (ii); 

21 (B) in clause (i), by striking ‘‘; and’’ at the 

22 end and inserting a period; and 

23 (C) by striking ‘‘the Secretary shall’’ in the 

24 matter preceding clause (i) and all that follows 

25 through ‘‘5 percent’’ in clause (i) and inserting 


pamtmann on DSKBC07HB2PROD with BILLS
3 

•S 4654 IS

1 ‘‘the Secretary shall use not less than 5 per2 cent’’. 

Æ 


pamtmann on DSKBC07HB2PROD with BILLS
OFFICE OF THE ATTORNEY GENERAL OF TEXAS AUSTIN

Aaceante

P #hall WleeiV~ Ten Dell&u% 

### es&~ day aptme 

### ia attmdhg The portion of the quotatLon from the &ot vbkch we kuwe uuierifeea oleiwly ctiatqbtes **that** the Beard sbsll hewe **t&o** aiathcrlty to require mm of it8 **facmbere** to 

### attendto *any baeimae of” the &etriota that t&e Lleard Wnlta neeeeeary. arnda 61~5 aatbority, it i8 cfmpetsat POP the poud 

### to direct787



### that one of **its Elegb6ra**  **cilsahargo the**  

### duties at ciamaraf.

**. 1x3** **6ac.5**avant, **the cLiraotor**  **does** uot **hold two**  **offiowb or**  **an 0fYioin**  **fuxi P**  poeitlm, 

### in **tlolation** 

### af the Ccnaetitat&On, Artiela lb, s@ctiooe 33 **or** 10 1y deTctlT*al U&OA idle **ilireator** by **t** but the dutlea mpeokalac **ion OY**  **the Bot&ra**  **trt the**  **OeMcs or** 

**6heu a**  **airastor thus**  **(ZIeahtw~W dutloa**  perteinlng **to the**  **tsaoPdlRete poritior:**  **oe TP(umPw**  **or fhmMJP@**  **lAem&aP oe**  the Auttwrlty,hOwu6r, bfe aoagens8tlonfc Rt;bhwrvkwmla fired by the lLat 

### at a par diem 0e 0x0 

## #ioF omb day 8pemt ia attendleg 

### 00 (to)aey othrbasiaee~oe theLndadott.hat the m a rd

t & in ks

a ec e6sa ry,

**l *. oQmp ol ua tioa

eel- e ll Io r- ri6ss 

## thattaq be~miiirai by rcUreetorbavkng thurbeeaf%xad
[Federal Register Volume 65, Number 3 (Wednesday, January 5, 2000)]
[Notices]
[Page 485]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-120]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES


Office of National AIDS Policy; Notice of Meeting of the 
Presidential Advisory Council on HIV/AIDS and Its Subcommittees

    Pursuant to Public Law 92-463, notice is hereby given of the 
meeting of the Presidential Advisory Council on HIV/AIDS on February 
13-15, 2000, at the Radisson-Barcelo, Washington, DC. The meeting of 
the Presidential Advisory Council on HIV/AIDS will take place on 
Sunday, February 13, Monday, February 14 and Tuesday, February 15 (8:30 
a.m. to 6:00 p.m. on Monday and Tuesday) at the Radisson-Barcelo, 2121 
P Street, NW, Washington, D.C. 20037. The meetings will be open to the 
public.
    The purpose of the subcommittee meetings will be to finalize any 
recommendations and assess the status of previous recommendations made 
to the Administration. The agenda of the Presidential Advisory Council 
on HIV/AIDS may include presentation from the Council's subcommittees, 
Appropriations, Discrimination, International, Prevention, Prison, 
Racial Ethnic Populations, Research, and Services Issues.
    Daniel C. Montoya, Executive Director, Presidential Advisory 
Council on HIV and AIDS, Office of National AIDS Policy, 736 Jackson 
Place, NW, Washington, DC 20503, Phone (202) 456-2437, Fax (202) 456-
2438, will furnish the meeting agenda and roster of committee members 
upon request. Any individual who requires special assistance, such as 
sign language interpretation or other reasonable accommodations, should 
contact Andrea Hall at (301) 986-4870 no later than January 12, 2000.
Daniel C. Montoya,
Executive Director, Presidential Advisory Council on HIV and AIDS.
[FR Doc. 00-120 Filed 1-4-00; 8:45 am]
BILLING CODE 3195-01-M
#### § 381.3 Applicability.

This part applies to Special Event Tours that are in interstate air transportation, or in foreign air transportation originating at a point in the United States. This part applies to U.S. and foreign operators of Special Event Tours, whether they be air carriers or ticket agents. This part applies to scheduled, charter, and other air transportation.
##### 



Exhibit 99.3

CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Annual Report of NationsRent, Inc. (the Company) on Form
10-K for the period ending December 31, 2002 as filed with the Securities and
Exchange Commission on the date hereof (the Report), I, D. Clark Ogle, Chief
Executive Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as
adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that to my
knowledge:

(1)  The Report fully complies with the requirements of section 13(a) or
15(d) of the Securities Exchange Act of 1934; and

(2)  The information contained in the Report fairly presents, in all
material respects, the financial condition and results of operations of the
Company.

March 31, 2002

/s/ D. CLARK OGLE

D. Clark Ogle
Chief Executive Officer
TRANSFER TECHNOLOGY INTERNATIONAL CORP.






CERTIFICATION PURSUANT TO


18 U.S.C. SECTION 1350,


AS ADOPTED PURSUANT TO


SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002






In connection with the Annual Report of Transfer Technology International Corp. (the "Company") on Form 10-K for the period ending December 31, 2009, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Chris Trina, Chairman, President and Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to ss. 906 of the Sarbanes-Oxley Act of 2002, that:




(1)The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934; and





(2) The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.


/s/  CHRIS TRINA

__________________________________________

Chris Trina

Chairman, President and Chief Executive Officer

June 24, 2010




A signed original of this written statement required by Section 906 has been provided to the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.
500

400

400

450

450

400

400

450

450

450

450

500

450

450

450

400

450

400

400

450

500

400

450

450

400

F M 101 7

IM P E R IA L R D

H U F F L N

B A L U A R T E R A N C H R D B A L U A R T E R A N C H R D

F M 101 7

B A L U A R T E R A N C H R D

F M 101 7

F M 101 7

IM P E R IA L R D

H U F F L N

B A L U A R T E R A N C H R D B A L U A R T E R A N C H R D

F M 101 7

B A L U A R T E R A N C H R D

F M 101 7

Palo Blanco Creek

Arroyo

los Palos

Baluarte

Ranch

Los Caballos

Windmill

Palo Blanco

Windmill

Frijole

Windmill

ChiliPitien

Windmill

Libre

Windmill

Rodeo

Windmill

Buenos

Aires

Windmill

Ormigas

Windmill

Paycomo

Windmill

Medanito

Windmill

Jaboncillo

Windmill

Coyotes

Windmill

Medano

Windmill

Llano

Windmill

Ranchito

Windmill

Baluarte

Ranch

Palomas

Ranch NW

Palomas

Ranch SW

Hebbronville

SE

Alta

Vista

Ranch

McCampbell

Ranch

Hebbronville

Alta Vista

Ranch SW

Ramirez

FEET

98°30'

30"

37'30" 30"

37'

98° 32' 30'

27°

32'

30"

15'

30"

07'

98°

98° 35'

27°07'

15'

35'

27°

30"

27°

30"

10'

12'30" 12'

10'

16 970 000

980 000 FEET

5 5 E

5 5 5

30

30

000m

30

5

30

5

000m

5

5

30

30

30

30

5

30

30

30

5 5

30

5 5

30

5

5

30

5

000m

30

5

30

5

5 5

30

5

30

30

30

30

000m

30

30

30

5

5

30

42

14

09

43

45

13

42

10

08

01

41

40

48

14

39

03

39 47

07

38 49

12

43 46

E 45

13

47 49

02

44 48

08

04

N

03

44

07

06

11

41

09

11

04

01

46

10

06

12

40

N

38

FEET

950

16

FEET

940 000

000

U.S. DEPARTMENT OF THE INTERIOR

U. S. GEOLOGICAL SURVEY

TEXAS

ADJOINING 7.5' QUADRANGLES

QUADRANGLE LOCATION

TX 2798-214

BALUARTE RANCH, TX

2010

Interstate Route State Route

ROAD CLASSIFICATION

Interstate Route US Route State Route

Ramp 4WD

US Route Local Road

BALUARTE RANCH QUADRANGLE

TEXAS

7.5-MINUTE SERIES

Zone 14R

Imagery......................................................NAIP, April 2008

Roads.....................................US Census Bureau TIGER data

with limited USGS updates, 2008

Names...............................................................GNIS, 2008

Hydrography.................National Hydrography Dataset, 1995

Contours............................National Elevation Dataset, 2008

North American Datum of 1983 (NAD83)

World Geodetic System of 1984 (WGS84). Projection and

1 000-meter grid: Universal Transverse Mercator,

Produced by the United States Geological Survey

10 000-foot ticks: Texas Coordinate System of 1983

(south zone)

1000 500 0 METERS 1000 2000

1000 0 1000 2000 3000 4000 5000 6000 7000 8000 9000 10000

FEET

This map was produced to conform with version 0.5.10 of the

draft USGS Standards for 7.5-Minute Quadrangle Maps.

A metadata file associated with this product is also draft version 0.5.10

SCALE 1:24 000

1 0.5 0 1

MILES

MN

1 0.5 0 KILOMETERS 1 2

GN

UTM GRID AND 2010 MAGNETIC NORTH DECLINATION AT CENTER OF SHEET

0° 12 ́

4 MILS

5° 12 ́

92 MILS

U.S. National Grid

100,000-m Square ID

Grid Zone Designation

14R

NR

CONTOUR INTERVAL 10 FEET

NORTH AMERICAN VERTICAL DATUM OF 1988
[No. 20401-4-III.

Division Three.

October 31, 2002.]

#### The State of Washington, *Respondent,*v. Kevin Timothy Gilfoy, *Appellant.*

Appeal from a judgment of the Superior Court for Spokane County, No. 01-8-00109-1, Wm. Fred Aronow, J. Pro Tern., entered July 24, 2001. *Affirmed*by unpublished opinion per Brown, C.J., concurred in by Schultheis and Kato, JJ.
```

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4648 Introduced in Senate (IS)]

<DOC>

116th CONGRESS
  2d Session
                                S. 4648

   To amend the Controlled Substances Act to list isotonitazene as a 
                    schedule I controlled substance.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 22, 2020

  Mr. Cotton introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
   To amend the Controlled Substances Act to list isotonitazene as a 
                    schedule I controlled substance.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SCHEDULING OF ISOTONITAZENE.

    Schedule I of section 202(c) of the Controlled Substances Act (21 
U.S.C. 812(c)) is amended by adding at the end the following:
    ``(e) Unless specifically exempted or unless listed in another 
schedule, any material, compound, mixture, or preparation which 
contains any quantity of N,N-diethyl-2-(2-(4 isopropoxybenzyl)-5-nitro-
1H-benzimidazol-1-yl)ethan-1-amine, or which contains its isomers, 
esters, ethers, salts, and salts of isomers, esters, and ethers, 
whenever the existence of such isomers, esters, ethers, and salts is 
possible within that specific chemical designation.''.
                                 <all>
```
SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

1161 

CAF 11-02138 

PRESENT: CENTRA, J.P., PERADOTTO, LINDLEY, SCONIERS, AND MARTOCHE, JJ.

 

IN THE MATTER OF ALAN V. NERBER, 

PETITIONER-RESPONDENT, 

 

V ORDER

LEIGH M. BUELL, RESPONDENT-APPELLANT.

 

DAVID J. FARRUGIA, PUBLIC DEFENDER, LOCKPORT (MARY-JEAN BOWMAN OF

COUNSEL), FOR RESPONDENT-APPELLANT. 

LEIGH E. ANDERSON, ATTORNEY FOR THE CHILD, BUFFALO, FOR ANTHONY N. 

 

Appeal from an order of the Family Court, Niagara County (John F.

Batt, J.), entered September 2, 2011 in a proceeding pursuant to

Family Court Act article 6. The order awarded petitioner sole custody

of the parties’ child. 

It is hereby ORDERED that the order so appealed from is

unanimously affirmed without costs for reasons stated in the decision

at Family Court.

Entered: November 9, 2012 Frances E. Cafarell

Clerk of the Court
#### EUCLID PROPERTY CO v PREISACH et

Ohio Appeals, 8th Dist, Cuyahoga Co

No 9399.

D R Hertz, Cleveland, for Property Co.

J B Oviatt, Cleveland, for Preisach.

LEMERT, PJ.

It is evident from the record that defendant apparently attempted to carry out the verbal contract as made in reference to the location of the house. The stakes that were set by defendants on the south lot line, left room for a 6 foot driveway and we note that a 6 foot gate was put up across from the house to the lot line when plaintiff erected his fence. Finally it was ascertained that the survey was improper and incorrect and there was actually no place for a driveway there. Therefore it is not difficult to understand what interpretation or construction the parties themselves put on this contract.

There is a well defined line of cases that will permit testimony of a prior or con-, temporaneous oral agreement.

> 153 S. W. 670 Jones 2nd Ed. Vol. 3, p. 2720. 92 O. S. 44.

It must not be overlooked in this case that the plaintiff was seeking by parol evidence to show the location of the house on the lot, and the existence or non-existence of a driveway would be determined by the location of the» house. The evidence in this ease shows the interpretation that the parties themselves put upon the agreement as to the location of the house, and the jury was fully warranted in finding that such an understanding or agreement was made.

As to the claim made by defendant that the special finding of the jury was inconsistent with the general verdict, we cite on this po.int 94 O. S. 1.

Judgment should not be rendered on special findings of fact as against the general verdict unless such special findings when considered together are inconsistent and irreconcilable to the general verdict.

From a careful examination of the whole of the record in this case we find no error therein.

*264The parties herein had a fair trial, the jury was fully warranted in finding the verdict it did, and the amount of the verdict is very modest in view of the testimony in the case.

Therefore it follows that the judgment of the court below should be, and the same is hereby affirmed. Exceptions may be noted.

Houck and Sherick, JJ, concur.