Whitney

— The complaint in this cause sets up a contract between the parties by the terms of which the defendant was to deliver to plaintiff a lot of merchandise, in consideration of the release to him of a debt due from him to the plaintiff and an acceptance for a further amount of money.

The complaint also alleges that afterward, and before the delivery of the merchandise, another engagement was substituted for the above, by the terms of which defendant agreed to pay sixteen hundred dollars. A special verdict was rendered in the cause to the effect that the contracts set up in the complaint were the contracts of the parties. Counsel object that this is not such a verdict as the court could render its judgment upon, because the facts are not so presented as that nothing could remain to the court but to draw from them its conclusions of law. I cannot perceive that this objection *9 has any weight. The complaint sets up certain contracts between the parties by the terms of which the defendant was first to deliver property, and by the second to pay an agreed amount of money, the one substituted for the other. Upon a verdict that the contract sued upon was the contract of the party, the…