Turgeon

Plaintiff sued for damages for the alleged failure on the part of the defendant to use due care in the repair of an automobile. He recovered judgment in the sum of $363.00', and from this judgment the defendant has appealed upon the judgment-roll alone.

The points urged on the appeal are that the findings of fact are insufficient to justify the conclusions of law and judgment, and that the trial court omitted to find upon material issues. Paragraph 2 of the complaint alleged that the defendant undertook to use due care and skill in repairing the automobile. Paragraph 3 alleged that he did not use due care and skill, but, on the contrary, did his work in a careless and unworkmanlike manner and placed defective parts therein, to wit: worn gears which broke and were rendered useless within a period of two weeks thereafter. The remaining paragraphs of the complaint set out specific items of damage resulting from the alleged carelessness and the unworkmanlike manner in which the repairs were made. The answer denied all the allegations of the complaint, including the allegation that the defendant conducted a shop of any kind for the repair of automobiles at the time the alleged…