Contract, to recover damages for breach of an agreement to hire the plaintiff as a carriage wood-worker. Trial in the Superior Court, before Sheldon, J., who, after a verdict for the plaintiff, allowed a bill of exceptions, in substance as follows.

It was admitted that the plaintiff had worked a few weeks under the written contract, which was that the defendant agreed to pay the plaintiff, “for services which he may render as a carriage wood-worker, the amount of thirty cents for each and every hour, with full time for one year ” from its date, July 6, 1891; and that subsequently the plaintiff had been laid off, the defendant agreeing to make good any loss of wages.

The defendant introduced evidence to show that he had sent for the plaintiff to come to work for him, but that the plaintiff had refused to go to work, and had subsequently left at the house of the defendant a letter as follows: “ As it now stands, I think it would be better for me to remain where I am, so send you word to save you sending a team after tools. Hoping you will lose nothing by waiting this length of time, I remain yours respectfully, F. E. Robinson.”

The defendant testified that this was all of the letter which be had received at that time, but that there were other letters written by the plaintiff to him.

The plaintiff denied writing or sending the letter at this time, while he admitted that he at some time had written and sent it.

In rebuttal, he introduced evidence to prove that the letter was part of a letter which had been written and deposited in the mail with postage prepaid, enclosed in an envelope addressed to the defendant on July 2,1891, four days previous to the date of the contract in evidence; that the letter was a part of the original negotiations which led up to the contract of July 6, 1891, and that upon the evening of the same day upon which the letter was sent, the defendant called upon him, and said: “ I received your letter; I cannot put up the fifty dollars, but I will give you a contract in writing for a year ”; to which -the plaintiff assented, and which finally resulted in the contract declared upon.

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