Appeal—Conflicting Evidence—Verdict.—Where the terms of the agreement between the parties are contested at the trial, the verdict of a jury in favor of the plaintiff upon conflicting evidence is conclusive that the agreement was as alleged by him.

Id.—Review of Verdict for Damages.—Where the appeal of the defendant is based upon the insufficiency of the evidence to show that the plaintiff had suffered damages to the extent of the verdict found in hia favor, if it cannot be determined from the record upon appeal, what items the jury took into account, in determining the amount of damages. and no exceptions appear to the instructions of the court, the judgment upon the verdict must stand, if there was evidence before the jury of sufficient damages to justify its finding.

Id.—Presumption as to Knowledge oe Jury.—In an action to recover damages for the'breach of a contract to harvest grain at a certain rate per acre, where the record upon appeal shows the particulars in which the plaintiff rendered services and incurred expenses in making preparations for the performance of the contract, and that his men and horses and harvesting-machine remained idle for a week by reason of its breach, but does not show any evidence of the value of the services rendered by plaintiff and his men and teams, or the expense to which he was subjected by the breach of the contract, it may be assumed that the jury were familiar with such work, and that they estimated the value of the services and the expenses necessarily incurred from their own knowledge and experience, and if the amount allowed therefor is not excessive the verdict of the jury should not be disturbed.

Id.—Province of Jury—Knowledge of Values Not Proven.—Juries are in many cases permitted to exercise their individual judgment as to values upon subjects presumptively within their own knowledge, which they have acquired through experience or observation, and the objection that no evidence was presented before them upon such subjects is insufficient to defeat their verdict.

Breach of Contract—Measure of Damages. —When a contract of employment is wrongfully terminated by the employer the measure of damages sustained by the employee includes the outlay necessarily incurred in preparing to perform the contract, and while engaged in its performance, and any additional expense to which he is subject after termination of the employment, growing out of his preparations for the work, or resulting from his enforced idleness, and the reasonable value of his own services and of the use of his property and a portion of the profits which he would have made under the contract.

Id.—Determination of Profits.—The amount of profits to be allowed when the contract is not completed must be determined by the jury according to the, circumstances of the case, and the subject matter of the contract, varying with the time required for its completion.

Evidence—Waiver of Motion to Strike Out—Acquiescence.—Where testimony is received, subject to be afterwards struck out on motion, if no such motion is made the party objecting must be deemed to have acquiesced in the evidence remaining before the jury.