Idol

The appeal comes up from the order of the lower court denying the appellant’s motion for a new trial.

An agreement was entered into between the respective parties whereby the defendant agreed to pay the plaintiff the sum of one dollar each for carrying men from Ukiah to its camps along the line of the extension of the California and Northwestern Railway Company from Ukiah to Willits. There is a conflict in the evidence as to whether the number of laborers were to be paid for who were placed on the wagons and stages, waybilled to the camps of the defendant, or whether it was the number of men who should be delivered at the camps and received by defendant. The court held that plaintiff’s contention was correct, and in this court, under the well-settled rule that where there is a substantial conflict in the evidence, the judgment will not be disturbed.

The other assignments of error are as to the introduction of an account-book. The plaintiff had testified that “there was due him on the agreement the sum of $442.00, and that much is unpaid at the rate of $1.00 a head.” Another witness stated that “442 had been hauled that had not been paid for. ”

In rebuttal of this, the defendant…