Appellant instituted this action against appellee. The complaint was in two paragraphs. The first was on a note, the second was on an account. There were seven paragraphs of answer: a general denial, a plea of payment, three pleas of set-off and a plea of accord and satisfaction. Appellant unsuccessfully demurred to the special pleas, other than that of payment. Issues of fact were thereupon joined on said special paragraphs. A trial by jury resulted in a verdict which' consisted merely of a general finding in favor of appellee, and on this verdict judgment was rendered.
The questions which demand consideration at our hands arise on an assignment of error based on the overruling of appellant’s motion for a new trial. Before taking up the specific questions arising thereunder it will be well to state in outline the nature of the evidence and the contentions of the parties. It appears from the evidence that in the years 1901 and 1902 appellant, a corporation, was engaged in manufacturing and putting upon the market a stock food. In November, 1901, appellee, by an accepted proposition in writing, was given the exclusive right to sell said food in Indiana, he to make payment, either in cash or approved notes, at certain specified rates, for food sold. February II, 1902, the parties entered into a contract under seal, in the state of Illinois. The latter contract recited that appellee was in the employ of appellant in the sale of said food,