Nov. 4.

delivered the opinion of the court.

“We are unanimously of opinion that the verdict of the jury, if in any wise incorrect, should have been for the defendant. The jury if they found a contract, however, should have given more than nominal damages. We do not think they intended to, and only meant that defendant should pay the costs; concluding that it was necessary to find a nominal sum to carry costs.

The motion for a new trial is overruled.”