May

The action was to recover money alleged due from defendant to plaintiff arising out of certain transactions between the parties, of which more detail hereinafter.

The case was tried by the court sitting without a jury, and judgment went for defendant, by the terms of which judgment plaintiff recovered nothing. Prom this judgment plaintiff appeals.

Appellant, to use his own language, raises only one point, and that is as follows: That the evidence received by the court and the evidence improperly excluded by the court, if the latter evidence had been received, established or would have established conclusively that plaintiff is entitled to the relief demanded in his complaint, and that the findings and judgment of the court in favor of defendant are not sustained by the evidence so admitted, and that which should have been admitted. This one point is all-embracing and leaves little else to be said about the judgment and the ground of appeal.

The record presents what might be called an argumentative appeal. In the opening brief of appellant there is not one single citation of authority, and in the final brief one authority is cited upon a point not disputed, as a matter of…