Allred

Plaintiff obtained judgment upon a jury’s verdict for $811.75 for draperies and floor covering furnished and installed in a model home. It was one of a number of new homes which defendant had built upon land owned by himself for the purpose of sale. The points raised by defendant as appellant here are: First, the sufficiency of the evidence to show that C. W. Pearce, who made the agreement of purchase of the goods, was the agent of defendant either by authorization or by ratification, and second, claimed errors in giving instructions said not to have support in the evidence and in refusing requested instructions which also involves only a consideration of the evidence. The sufficiency in law of none of the instructions is argued. At the end of plaintiff’s case in chief defendant’s motion for a nonsuit and a motion to strike out the evidence were denied. The defendant thereupon proceeded with his evidence and now contends that the adverse judgment appealed from is not supported by the evidence.

There is sufficient substantial evidence to support the judgment. Disregarding denials and contradictory evidence offered in behalf of the defendant, there was evidence to support the…