Newlands

Newlands brought this action to recover damages from the Calaveras Mining & Milling Company for alleged breach of a lease and agreement pertaining to certain mining property. The original lessee was one Bender, who assigned all his interest to plaintiff Newlands. Defendant denied breach or termination of the lease, affirmatively alleged breach by plaintiff, and pleaded estoppel and abandonment of the lease and premises.

By written stipulation the case was tried to the court without a jury, and after hearing evidence judgment was entered in favor of the mining eompany for costs. At the close of all the evidence, plaintiff'made no motion for judgment in his favor; nor did he then challenge in any way the sufficiency of the evidence to support a judgment for the defendant. Cooper v. Omohundro, 19 Wall. (86 U. S.) 65, 22 L. Ed. 47 . Before the argument, both plaintiff and defendant made general requests for special findings. The court denied the requests, and awarded judgment for defendant.

Plaintiff assigns as error the refusal of the District Court to make special findings, the admission in evidence of a letter which contained an “offer of compromise,” and the order for judgment,…