Spaeth

The action was for money. Verdict and judgment in favor of plaintiff. Appeal by defendants from an order denying a new trial.' An appeal from the judgment was heretofore, by consent, dismissed, the effect of which was to affirm the same. The only matter for review then remaining is as to the action of the court in denying the motion for a new trial.

The principal issue involved relates to the terms and conditions of the contract through which plaintiff acquired three thousand shares of mining stock from defendants. The terms of this contract were determined by the jury in their affirmative answer to the following special interrogatory: “Did the defendants, at the time plaintiff purchased the stock, promise the plaintiff to return to him the sums paid by him, viz.: $1,000 and $500, if he at any time thereafter became dissatisfied or wanted his money back?” The contracts were entered into in August, 1907. It is averred in the complaint that demand was made for a return of the money, and at the same time an offer was made to return and surrender the stock. The answer denied any demand or offer to return the stock, except a demand made by plaintiff’s attorney just prior to the…