Saunders

Respondent filed his action in the court below praying judgment against appellant upon a promissory note given by appellant to respondent on the nineteenth day of March, 1925, in the principal sum of $4,950. The note provided for interest at six per cent per annum, and for attorney’s fees. Judgment was rendered in favor of respondent for the principal sum of the note, accrued interest, and $250 attorney’s fees.

Appellant’s indebtedness to respondent grew out of the sale of sixteen mules. Appellant contends that the mules were sold by respondent to Tee Gee Woo, a Chinaman living in Mexico and that appellant acted as agent for respondent in the sale. He testified that the selling price of the mules, together with harnesses which he supplied, was $4,400, of which the sum of $1400 was paid in cash and the balance by three promissory notes in the sum of $1,000 each; that he bought and paid for the harnesses out of the cash payment and turned the balance of the money over to the representative of respondent. As this representative objected to accepting the notes of Woo, appellant executed and delivered to respondent his three promissory notes in the sum of $1,000 each and bearing…