Samuel Blatchford

“ The court further on, at the request of the defendant, stated to the jury that the weight of the evidence, as to whether one witness or another should be accepted, was for their consideration, and said: 'The force and strength of the evidence is entirely as it shall stand with you and affect your judgment.' The third alleged error is that the court instructed the jury as follows: 'Now, the question is, what you can gather from all that took place between them in the way of an agreement on the part of Mr. Wilson to pay these parties for their services. ”

“ This instruction could have worked no prejudice to the defendant, because the amount of the verdict shows that the jury did not allow any part of the plaintiff's claim based on a sale for an amount in excess of $225,000, and their answer to the special inquiry of the court also shows that they failed to do so. The contention of the defendant that he never received anything in excess of $225,000, therefore, was adopted by the jury. ”

“ Was there any agreement to pay them for their services; and, if so, how much and when was he to pay,-upon the completion of these contracts, after they were executed-some part,-and if so, how much, and more, if it should be received from the English company, and, if so, how much? ”