Harlow

This is an appeal by the plaintiff from a judgment in favor of the defendants Edward L. Shadboldt and Addie Offutt, individually, and as special administratrix of the estate of John Offutt, deceased, in an action brought to recover $14,990, the balance due upon the purchase price of certain mining stock alleged to have been purchased by the defendants from the plaintiff. Plaintiff also asked for $2,600 alleged to have been expended by him upon the mining property in controversy at the request and for the benefit of defendants under the terms of the contract between him and the defendants for the purchase and sale of said stock.

The defendants Charles M. Silveria and Edwin D. Caster-line were never served with process and did not appear in the action. Subsequent to the commencement of the action, the defendant John Offutt died and thereafter the defendant Addie Offutt was duly appointed as special administratrix of the estate of John Offutt, deceased, for the purpose of representing said estate in the said action, and said Addie Offutt, as such special administratrix, was substituted as and for the defendant John Offutt in this action.

The plaintiff and the defendants entered…