Appellant says, first, that the jury were guilty of misconduct; second, that the evidence did not justify the verdict; third, that error occurred in the giving of instructions.

1. There was no evidence of misconduct in the jury-room, other than the affidavit of jurors. A juror cannot impeach his own verdict. (Polhemus v. Heiman, 50 Cal. 433, 441.)

2. There was a substantial conflict in the testimony.

3. The instructions were not. excepted to.

Judgment and order affirmed.