Cederberg

The plaintiff agreed with the defendant to harvest about twelve hundred acres of grain, for which the defendant was to pay him at the rate of two *95 dollars per acre. After he had harvested sixty-five acres a dispute arose between them concerning the terms of the agreement, the defendant claiming that the plaintiff was to take certain mules at an agreed valuation of one thousand dollars in part payment on the contract, for which he wished him to give his promissory note, and the defendant claiming that he had not so agreed; and, upon his refusing to execute the note, defendant refused to allow him to complete the harvesting. The plaintiff brought this action to recover damages for the breach of the aforesaid contract. At the trial the jury rendered a verdict in his favor for four hundred dollars, and the defendant has appealed.

Whether the agreement between the parties was as claimed by the defendant was sharply contested at the trial, and the verdict of the jury in favor of the plaintiff upon this conflicting evidence shows that they found against his claim, and is conclusive upon the point.

We are not called upon to determine whether the rule of damages, as laid down in Utter…