delivered the opinion of the [15] Court.
This appeal is prosecuted from a judgment of nonsuit. On the trial of the cause, which was an action upon a bond,
We have repeatedly given a judicial construction to tbe 892d-3d section of tbe Practice Act, and, according to tbe rule heretofore laid down, tbe testimony was properly excluded, as it was shown that tbe witness would be directly benefited by it, in having whatever judgment was recovered applied to tbe payment of bis liabilities.
Striking out bis testimony, there is no evidence to establish tbe fact that Thompson agreed to deliver tbe sheep at the time they were demanded, or that this portion of tbe contract was violated in any manner by Thompson.
This disposes of tbe case, and renders it unnecessary for us to determine whether tbe undertaking executed by tbe defendants is within tbe Statute of Frauds or not.
Judgment affirmed.