| Idaho | Dec 12, 1896
This action was brought to recover the sum of $658.80, claimed to be due upon the contracts — one for cutting and delivering two hundred thousand feet of logs at four dollars and twenty-five cents per one thousand, and one for cutting and delivering four hundred stulls at forty-five cents each. Both causes of action were set up in one count. The cause was tried by the court and a jury, and verdict and judgment were in favor of the plaintiff. Defendant’s motion for a new trial was denied. This appeal is from tbe order denying the motion for a new trial and from the judgment.
Several errors are assigned, one of which is that the evidence is insufficient to sustain the verdict. After a careful consideration of the evidence, we find that the evidence is sufficient to sustain the verdict and judgment on the log contract. It Is also-contended that the evidence is insufficient to justify the verdict of the jury on the stull contract, and under that head it is contended that the complaint contains no allegation of damages on the stull contract, and that the evidence fails to show that plaintiff sustained any damages or injury on -account of that contract. Paragraphs 5 and 6 of the complaint contain the allegations touching said stull contract, and are as follows: “That plaintiff and defendant entered into a verbal contract, on or about the seventh day of October, 1894, whereby plaintiff was to deliver at the mine of said defendant four hundred stulls, at the contract price of forty-five cents each; and that said-plaintiff cut said four hundred stulls, and delivered thirty-two of said stulls at the mine of said defendant; and that said defendant then notified the plaintiff that said defendant did not want said stulls.” “That the value of said stulls so delivered to the mine of said defendant is fourteen dollars and forty cents; and that