Winsor

This action was brought by the plaintiff for the recovery of damages for the breach of a contract between him and the defendant.

A trial by jury was had, verdict for plaintiff in the sum of seven thousand three hundred dollars returned, and judgment entered in accordance therewith.

The defendant moved for a new trial. The court made an order denying the motion, and this appeal is from said order.

The. contract, for the alleged breach of which the plaintiff seeks damages through this action, was made and entered into by and between the plaintiff and the defendant on the twenty-sixth day of July, 1910. It is set out in full in the complaint. It recites and covenants that the plaintiff, party of the first part, has agreed to assign and has assigned to the party of the second part, the defendant, all his right, title, etc., in and to certain leases and contracts for the removal of earth and clay materials to be used in the manufacture of brick and other articles, “and has agreed to give his entire time and-attention to the business of the party of the second part for a period of five years”; that in consideration therefor the defendant has given said plaintiff thirty thousand…