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Witnesses-Work and Labor.

WILLS-Continued.

3. To create a case of election, there must be a plurality of gifts or rights,
with an intention, express or implied, of the party who has a right to
control one or both, that one should be a substitute for the other.
Melick v. Darling, 343.

4. The party who is to take has a choice, but he can not enjoy the benefits
of both. Ib.

WITNESSES-

Where a co-defendant in chancery has been examined as a witness, without
special order, objection to his evidence comes too late at the final hear-
ing, and after cross-examination. Woods v. Dille et al. 455.

WORK AND LABOR-

1. A subscription, for the construction of a road, will be considered as a
contract to pay the person, by whom it shall be constructed, for work and
labor. Sperry v. Johnson, 452.

2. And he may recover against the subscribers, on the common count, for
work and labor.

Ib.

-706.54

HARVARD LAW LIBRARY

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