Perry

This is an appeal by defendant from a judgment entered against it upon the verdict of a jury and the order of the court denying its motion for a new trial.

The complaint is in two counts. In the first count plaintiff sought to recover a balance of $10,021.91, upon quantum, meruit, for services rendered by plaintiff to defendant, as its general manager, from November 18, 1898, to March 25, 1901.

The second count alleges that plaintiff was duly elected general manager of defendant by its board of directors on the eighteenth day of February, 1901, for the term of one year from said day, and performed the duties of said position until the twenty-fifth day of March, 1901, from which last day defendant has refused to permit plaintiff to perform such duties. Upon this count plaintiff sought to recover the sum of $5,385 as the reasonable value of the services that would have been performed but for the prevention by defendant.

The jury rendered a general verdict in favor of plaintiff for the sum of $2,500, for which judgment was accordingly entered for plaintiff.

Appellant objects to certain instructions given to the jury as misleading. Respondent insists that we cannot review the…