Tbe petition contains two counts one for a balance of $2,300 deposited with Jacquitb & Company for tbe use of defendant at bis request under an oral promise by him to pay back tbe money, and tbe other for $800 likewise deposited with Lampsen Brothers. At the close of plaintiff’s testimony, tbe trial court directed a verdict for defendant.
Plaintiff asserts that there was error in taking tbe case from tbe jury. Tbe parties to the suit are brothers. A portion of tbe testimony of plaintiff tends to show that he made deposits as pleaded by him, and that defendant promised to return tbe money with interest. All testimony of this nature, however, was positively contradicted by defendant, while be was testifying as a witness for plaintiff. It is conclusively established that Jacquitb & Company and
Affirmed.