Roach v. Burgess

was of opinion that the allowance by Mr. Burgess of similar payments to other heirs, was evidence, admissible to the jury, that Burgess had agreed to allow these.

But Thruston, J., thinking the evidence was not sufficient to be left to the jury, (and there was no other evidence of such an agreement,) the evidence of the payment to the other heirs was not submitted to the jury.

Verdict for defendant.