Warner, J.
The error assigned to the judgment of the Court below, in this case, is the granting a new trial. From an examination of the evidence contained in the record, we do not think that there was such an executory contract shown, made with the intention and for the purpose of aiding and encouraging the rebellion as made it illegal and void; the intention and purpose of the contracting parties in relation to the tobacco was to aid and benefit themselves, and not to aid and encourage the rebellion ; and that the Court below erred in granting a new trial on that ground.
There was sufficient evidence in the record to sustain the verdict of the jury.
Let the judgment*of the Court below be reversed.