Otten

The plaintiff brought this action to recover damages in the sum of ten thousand seven hundred and fifty dollars, for the alleged breach by the defendant of the terms of a certain contract, which is set out .in haec verba in the complaint.

A jury was called to try the questions of fact, and a verdict returned in favor of the plaintiff, assessing his damages at the sum of eight thousand dollars. In due time a motion for a new trial was submitted by the defendant upon the grounds of newly discovered evidence, etc., excessive damages appearing to have been awarded under the influence of passion and prejudice, insufficiency of the evidence to justify the verdict and errors in law occurring at the trial and excepted to by the defendant. Upon hearing said motion, the court made the following order: . . It is ordered that the motion will be granted, unless the plaintiff within twenty days from the date of entry hereof remits from the amount of the verdict and judgment herein the sum of three thousand ('$3000.00) dollars. If said amount will be remitted, an order will be entered denying defendant’s motion for a new trial.”

The plaintiff having refused or failed to remit the amount so…