of last resort above cited.
Tbe appellant also insists and endeavors to show from a critical examination of tbe case, that tbe evidence on tbe subject of whether any contract was shown on tbe part of tbe plaintiff was sufficient to make a conflict of evidence, which has been decided by tbe jury in tbe plaintiff's favor.
There seems some plausibility in tbe theory of tbe counsel for tbe appellant, but it is not so plain as to require us to reverse tbe decision on that subject of tbe learned judge wbo tried tbe cause, and wbo bad so recently beard tbe testimony and seen tbe witnesses, and could better understand tbe effect and weight to wbicb their testimony was entitled than we can, and -who thought that tbe case should be retried. • •
Order appealed from affirmed, with ten dollars costs and disbursements.
Present - Talcott, P. J., Sshth and IVIebwiN, JJ. Ordered accordingly.