PER CURIAM.
The only exceptions properly preserved were to the refusal of the court to give defendant's first, second and seventh instructions to the effect that there could be no recovery under the first or under the second count of the declaration, (and there were but two,) and that the verdict must be for the defendant.
We are of opinion that the case was clearly, under each count, for the consideration and determination of the jury, subject to proper instructions...
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