English

This is an appeal from a judgment rendered in defendant’s favor and against plaintiff, and from an order denying a new trial.

The action was brought by plaintiff against defendant English t'o recover the price and value of certain brick and other building material alleged to have been sold and delivered by plaintiff to defendant between December, 1903, and June, 1904. Defendant denied the sale and delivery to him of said material, or that he ever agreed to pay therefor the price named or any sum.

Upon the trial of the action the court found the allegations of the complaint to be untrue and the allegations of the answer to be true. In addition to this, the court found that at the time the goods mentioned in the complaint were sold and delivered a partnership existed between the defendant and one Parnum, during the existence of which partnership said Parnum was the managing agent of the corporation plain-' tiff; that the materials set out in the complaint were furnished to such partnership through Parnum, the managing agent of plaintiff, and that, without the knowledge or consent of the defendant, Parnum had wrongfully caused the materials and supplies to be charged on the books…