APPEAL Irom the Franklin Circuit Court. This was a suit against the owner of a canal boat, to recover damages for the breach of a contract, made by the master, to deliver certain flour in Cincinnati. The declaration averred that on the 4th of November, 1847, John Deford, being master of said boat, received from the plaintiff' 90 barrels of flour, as evidenced by a receipt in writing, and that 58 barrels of said flour never were delivered.
¶2that as the fourth plea was similar to the third, the defendant was not injured by the decision upon the demurrer; and that there appeared to be no error in the instructions given.
¶3The bill of exceptions did not set out all the evidence.
