
    Charles E. Young, App’lt, v. Frederick Grill, Resp’t.
    
      (Supreme Court, General Term, Second Department,
    
    
      Filed December 10, 1888.)
    
    Appeal—When verdict of jury not disturbed.
    Where the testimony at a trial is contradictory and irreconcilable, it will he asáumed by the appellate tribunal that the jury gave the proper solution, to the questions involved, and their verdict will not he disturbed.
    Appeal from a judgment entered upon the verdict of a jury rendered at- the Kings county circuit' in favor of the plaintiff.
    
      
      Thomas S. Bassford, for app’lt; William P. Pickett, for resp’t.
   Dykman, J.

This action was brought to recover the sum of ninety-six dollars for newspapers containing a notice of the business of the defendant, which it was claimed he had purchased for the sum named in the complaint. It was the claim of the defendant that the contract made by him was to pay $9.60 for the papers, and that the order which ¡he gave the plaintiff did not embody the true contract between the parties, and that the same was erroneous and ■signed by him under a misrepresentation of its contents, •and was procured by fraud, his claim specifically being that the order which he gave stated the price of the newspapers at $9.60, whereas the instrument, as drawn by the agent of the plaintiff who procured it, was an order for ninety-six •dollars, which the defendant signed without reading it.

The testimony on the part of the plaintiff was in substantiation of his claim, and the defendant himself testified to the facts set up in his answer as a defense, and the case was submitted to the jury in a charge which is not given, and which must, therefore, be assumed to have been without fault.

The verdict of the jury was in favor of the plaintiff for the sum of $9.60, and must be received as an adoption of the testimony of the defendant, which, if taken as true, .sustains the verdict.

The facts were sharply disputed, and the testimony was ^contradictory and irreconcilable, and it must be assumed by the appellate tribunal that the jury gave the proper ■solution to the question involved, and in that view the verdict cannot be disturbed.

The judgment and order appealed from should be ¡affirmed, with costs.

All concur.  