Ross

The defendant Crowder appeals from a judgment in favor of plaintiff for the sum of $550.

The complaint alleges:

The defendants answered as follows:

The answer raises no issue except as to the payment of the $550 alleged in the complaint to be due and unpaid. The evidence shows without contradiction that no part of the'$550 had been paid.

[1] Notwithstanding the admissions of the answer by failure to deny, plaintiff introduced evidence to prove the first paragraph of his complaint. The evidence shows that W. S. Gauze was in charge of certain land of Crowder as manager; that he had charge of the drilling of wells thereon, and was “attending to the farming” of the land; that plaintiff, in a telephone conversation with Crowder, offered to sell him the engine in question for $1,350; that Crowder replied that he would arrange to inspect it; that the engine was thereafter taken by “the Crowder people” and was used on such land in operating a pump, and that’ Gauze sent plaintiff a check for $800 signed by C. L. Crowder & Company in part payment of the purchase price. The defendants offered no testimony and the foregoing evidence is wholly uneontradicted. The undisputed evidence is…