Youmans

The complaint alleges that defendant was indebted to the Hudson Hair Dryer Company upon an account stated in the sum of $700 for goods and merchandise sold and delivered to defendant at defendant’s special instance and request; that the Hudson Hair Dryer Company assigned the account to one M. T. Emanuel, who in turn assigned the same to plaintiff. Other than admitting $280.05 of the alleged indebtedness, the answer denied all the material allegations of the complaint.

The court found that no account was ever stated between defendant and the Hudson Hair Dryer Company; that said Hudson Hair Dryer Company sold to defendant goods and merchandise of the value and for which defendant agreed- to pay $280.05, which account plaintiff had acquired by assignment, and gave judgment accordingly. From this judgment, and an order denying his motion for a new trial, made upon a statement of the case, plaintiff appeals, claiming judgment should have been rendered for the full sum of $700.

Upon the record presented, the appeal is without merit. The findings clearly support the judgment, and the statement contains uncontradicted evidence to prove that at the time of making said assignment…