
    William Wills, Appellant v. The Union Bottling Company, Respondent.
    Decided June 27, 1890.
    Appeal from a judgment in favor of the defendant upon the verdict of a jury, and from an order denying plaintiff’s motion for a new trial made on the minutes on all the causes specified in section 999 of the Code.
    Hatch & Warren, for appellant. Morgan & Walker, for respondent.
    Before Truax and O’Gorman, JJ.
   The only question involved was one of fact, viz. : whether plaintiff, in June, 1883, resigned his office of treasurer. Held (Truax J., writing, O’Gorman, J., concurring ) that that question was properly left to the jury ; and that as there was evidence to warrant the verdict of the jury the judgment and order should be affirmed with costs.  