Root v. Gallanner

The jury not being bound to credit either defendant or his wife, could have found in the circumstances sufficient to warrant a finding of performance on the part of the plaintiff.

The verdict should, therefore, not be disturbed. Some irrelevant evidence was admitted, but in view of its substance we believe the defendant was not prejudiced.

Present: Truax, P. J.; Scott and Dugro, JJ.

Judgment affirmed, with costs.