Burwell

Briefly, it appears that defendant Shattuck was the owner of a ranch with its equipment, which he leased to his eodefendant Moore on the understanding that Moore would pay the expenses of running the ranch, and that the money received from the sale of the crops thereon should be equally divided between him and Shattuck. Besides the equipment in use on the ranch at the time the lease was entered into, a truck was purchased, partly with the sum of five hundred dollars which was borrowed from the plaintiff. The money not having been repaid, plaintiff brought an action for its recovery. Judgment was rendered in favor of plaintiff and against both defendants, and defendant Shattuck appeals therefrom.

The specification of error is that the findings of the trial court are not sustained by the evidence. The substance of the findings to which objection is registered by appellant is that the defendants received from plaintiff the sum of five hundred dollars to be used in the development of defendants’ ranch property; that defendants agreed to repay plaintiff on demand; that before the commencement of the action such demand was made; that no part of the sum so borrowed was ever repaid; and…