Appeal from the Eleventh Judicial District.

The contract, for the breach of which this action is brought, was a verbal one, and is stated in the complaint as follows:

That “un the-day of-, A. D. 1858, being a short time previous to the letting of the mail contract for carrying the United States mail from the city of-, California, to the city of Salt Lake, Utah Territory, by the Post Office Department at Washington City—the said plaintiff and defendant being both mail contractors; and the said defendant being desirous to obtain from said Department the contract for carrying the said mails between said Salt Lake City and the city of Placerville; and the said plaintiff being desirous to obtain a like contract for carrying said mails between the said city of Placerville and Carson Valley, being a portion of the same mail route from the city of Placerville to Salt Lake City; and having already put in a bid therefor, for the mutual benefit and advantage of both parties, plaintiff, through his agent B. R. Nickerson, and the said defendant in person, contracted as follows: The said plaintiff, by his agent B. R. Nickerson, agreed to withdraw the bid which he had made for the contract for carrying the mails between the city of Placerville and Carson Valley, as aforesaid, and make such proof as was necessary, showing the route from the city of Placerville to Salt Lake Ciiy to be praticable, to the Post Office Department at Washington, and render such other and further assistance as he might be able in procuring a contract for said defendant from said Department, for carrying the United States mails between the city of Placerville and Salt Lake City for the term of four years next ensuing; and in consideration of said agreement on the part of the plaintiff, the said defendant agreed that if he obtained the contract for carrying said mails between the two cities aforesaid, he would give to the said plaintiff the service or carrying of the mail from the city of Placerville to Carson Yalley, and divide the contract price for carrying said mails between the two cities aforesaid pro rata between the plaintiff and defendant, or would give to said plaintiff an equivalent in money instead thereof.”

A demurrer to the complaint, on the ground that the contract set forth was void as against public policy, was overruled, and a jury trial was had and verdict for plaintiff for $30,000. Defendant moved for a new trial, which was granted by the Court below, and from this order the plaintiff appeals.