Ross

This is an action to recover damages for the alleged breach of a contract. At the trial defendant’s motion for a nonsuit was granted and a judgment of nonsuit entered. From that judgment plaintiff appeals.

The evidence introduced by plaintiff discloses the following : By the terms of their contract, which was in writing and executed December 26, 1914, plaintiff agreed to furnish five hundred or more colonies of bees, which defendant agreed to care for in a workmanlike manner for a period of three years from the date of the agreement. Defendant further agreed to make from the bees thus to be furnished by plaintiff five hundred additional colonies' during the year 1915, one thousand additional colonies during the year 1916, and during the year 1917, a number sufficient to bring the total to two thousand colonies on the expiration of the three-year term of the contract. The contract further provided that plaintiff would furnish defendant with a tent-house, or other suitable dwelling place, free of rent; and that he likewise would furnish defendant with an automobile to be used by the latter in his work of caring for the different colonies of bees, which, it seems, were scattered…