told defendant that plaintiff would build a lateral to her place. He testified as follows:

"Q. I ask you the question if you didn't tell Mrs. Laporte in 1907 that if she would sign the contract, you would bring the lateral to the corner of her fence free of cost? A. I don't know that I told her if she would sign the contract, I would do that. I told her I would build the lateral to her place. Q. Free of cost? A. Free of cost." Plaintiff constructed the lateral accordingly and commenced the delivery of water in the latter part of May or forepart of June, 1907. By so doing, the point of delivery was determined by the plaintiff, and the lateral so constructed was a part of its irrigation system and under its control. The lateral and the right of way for the same were the property of plaintiff, and the claim that this was not done under the contract is without merit. No other time or point of delivery is shown by the evidence. Plaintiff having determined and stated to defendant at what point it would deliver the water, and having commenced to do so in the spring of 1907, if, as defendant alleged, it failed to do so during the irrigation season of that year, to the defendant's damage, it was not in a position to complain that defendant did not make the payment October 1, 1907. The damages for that year, if any, were sustained before anything was due.

It is contended that the cross-petition fails to allege a breach of the contract in that it does not allege a failure to deliver water within three miles of defendant's land. It is alleged in the cross-petition, in substance, that under the terms of the contract plaintiff agreed to deliver sufficient water to irrigate the lands described to the amount of onehalf cubic foot per second of time for each of said water rights during the irrigation seasons of 1907 and 1908, and that it failed to do so. In its answers to said cross-petition, and to each count thereof, plaintiff says: "It admits that, under the terms of said water contract, the plaintiff contracted and agreed to deliver, at the point of delivery determined upon by the plaintiff, the amount of water in said water contract provided for." And it also avers that if at

any time during said irrigation season it failed to deliver the full amount of water contracted for, it was through its inability so to do by reason of breaks in its canal caused by floods and other causes beyond its control, which breaks were repaired as speedily as possible. If there was any defect in the cross-petition it was cured by plaintiff's answer thereto.

It is further contended that the court erred in refusing to submit to the jury twenty-nine special findings requested by plaintiff. The court at plaintiff's request submitted to the jury eight other special findings by which the jury was required to find the amount of damages, if any, sustained by defendant to each kind of crops, and for each of the years 1907 and 1908. The court fully instructed the jury as to the measure of damages and what it should consider in arriving at the amount, as follows: "You are further instructed that should you find for the defendant on her crosspetition, in assessing the defendant's damages you will find for her the difference between the market value of the crops when matured that they would have made (if there be any difference), and that they did make (if there was any difference) and you will deduct from this amount, if any you find, such sums of money that the defendant would have had to expend that she did not expend, in harvesting, maturing, threshing, and placing said crops on the market." The jury found specially the amount of damages it awarded defendant on each kind of crops for each of the years 1907 and 1908; and it must be assumed that in fixing the several amounts that.it followed the instructions; and we think the questions submitted to the jury and its answers thereto sufficiently show that it did so. The submission of special findings to the jury is a matter largely within the sound discretion of the trial court. "Much latitude within the general rule governing the practice must be accorded to the trial court, and only when there appears to have been a clear abuse of judicial discretion prejudicial to the complaining party will the action of the court in the premises justify a reversal of the judgment." (Wallace v. Skinner, 15 Wyo.

233, 256, 88 Pac. 221, 226.) Applying that rule to the case at bar, it does not appear that the court abused its discretion in refusing to submit the special findings complained of.

Plaintiff objected and excepted to the admission in evidence of the deposition of the witness Richards on the ground that it had not been reduced to writing until the day it was offered to be read to the jury, and plaintiff had had no opportunity to file objections under the statute to the deposition. The deposition of this witness was taken by agreement by a stenographer in short hand, and it was agreed that it should be transcribed; that it should not be read in evidence until so transcribed; that the stenographer should not be called as a witness, "and when transcribed by him may be used in evidence in the above entitled cause, subject to all objections to such evidence, which shall be passed upon by the court before such deposition is read in evidence." It may be conceded that the parties intended to have the court rule upon the objections before the deposition was read; but it appears that each objection was ruled upon as the questions were read, and we are unable to see how the plaintiff was in any way prejudiced by that method. It does not appear that the answer to any question to which the objection was sustained was read to the jury.

Very many objections were made and exceptions taken to the rulings of the court in admitting and excluding offered testimony, the motion for a new trial containing more than forty pages of typewritten questions, objections, rulings thereon, and the answers when the evidence was admitted. It would serve no useful purpose, and would require a volume of the reports to discuss them separately. Very many of the objections go to the weight rather than to the competency, relevancy, or materiality of the testimony. A careful reading of the entire evidence in the record satisfies us that no such prejudicial error, if error at all, was committed in that respect as would justify a reversal of the judgment on that ground.

It is argued at great length in the brief that the verdict. and judgment are not sustained by the evidence. On that

question it should be sufficient to say that the evidence is conflicting, and the jury having passed its judgment upon it, and the trial court having refused to grant a new trial, and there appearing in the record sufficient substantial evidence to support the verdict and judgment, under the well settled rule, this court will not reverse a judgment on that ground. Furthermore, several witnesses testified by referring to two maps, only one of which was put in evidence, and in describing the location of lands, canals, laterals and headgates evidently pointed out those places on the maps, using such expressions as "This land here. There was a division box here that put water into this ditch. The land on the west side of the railroad would be irrigated from this here," &c. (No railroad being shown on the map in the record.) Those are but samples of the testimony of several witnesses, which the jury could understand and apply, but which are unintelligible to one reading the testimony.

There is but one other question in the case which we deem necessary to consider, and that is the question of interest on the amount of damages the jury found the defendant had sustained. Those damages were entirely unliquidated, and the general rule is that interest is not allowed on unliquidated damages. To that rule there are certain. recognized exceptions, viz: demands based on market values, susceptible of easy proof; and in cases where the amount is capable of being ascertained by mere computation. (Kuhn v. McKay, 7 Wyo. 65, 49 Pac. 473, 51′ Pac. 205; City of Rawlins v. Murphy et al., 19 Wyo. 238-253, 115 Pac. 436.) In the present case the amount of damages was not susceptible of easy proof, nor could it be ascertained by mere computation. Many witnesses were called to testify to the facts necessary to a determination of the amount of the damages, and there was a substantial conflict in their testimony. We think the case is one clearly within the general rule and that it was error to allow interest. But, as the jury by its special findings, stated the amount of interest it allowed, the judgment should not be reversed on that ground, but should be modified by deducting the amount allowed as

interest from the amount of the judgment. The judgment being for $6,885.25, of which amount $4,244.34 is interest, the latter sum will be deducted from the former, leaving a balance of $2,640.91, for which amount the judgment is affirmed, and the cause remanded to the district court with directions to modify the judgment accordingly.

Each party to pay one half of the costs in this court, except that no costs will be taxed to either party for briefs. Modified and remanded.

POTTER and BLYDENBURGH, JJ., concur.

KENDRICK v. HEALEY.

(No. 949; Decided August 18, 1919; 183 Pac. 37.)

APPEAL AND Error-Entry oF JUDGMENT-CERTIFICATION of RecordTIME FOR FILING-PAGING OF RECORD-CORRECTION OF RECORD— SPECIFICATIONS OF ERROR-EXTENSION OF TIME FOR FILING OF RECORD.

1. An appeal record certified by the Clerk as containing a true copy of the judgment entered in the Journal and containing the original paper signed by the Court, preceded by a statement that it was entered by the Court upon the Court Journal bearing a notation as to volume and page is sufficient to identify such writing entered on the Journal, as the judgment.

2. An order extending time for filing a record on appeal under Laws of 1917, Page 32, Secs. 4 and 5, includes an extension of time for preparing and filing the transcript of the testimony, since, under Sec. 6 of the chapter, such transcript is a part of the record on appeal.

3. A clerk's certificate that "the foregoing transcript is a true and correct transcript of all the testimony offered at the trial of the above entitled cause" being the exact equivalent of the words of the statute, Laws 1917, Chap. 32, Sec. 5, is sufficient.

4. Where the Judge and Clerk each certify that an appeal record is true and correct, the order of time in which they make such certificates is immaterial if made within time

for filing.