Rehnert

Action to recover money alleged to be due on a written contract. Judgment was entered in favor of the defendant. The plaintiff appeals from the judgment and from an order denying her motion for a new trial.

It is conceded by counsel on both sides that the only point involved in the ease turns upon the construction of the contract. The stipulations of the contract are as follows:

The contract was in form between the defendant and one R. ,E. Starkweather. Starkweather afterward assigned the contract to the plaintiff. In entering into said agreement Starkweather was in fact acting for and on behalf of the plaintiff and as her agent, and any money to be paid under the agreement or any stock to be delivered was at all times the money and property of the plaintiff. The court below held that by virtue of said contract the defendant did not agree to pay the sum of five thousand dollars on or before April 1, 1914, or at any other time, but held, on the contrary, that the obligation was to deliver four thousand five hundred shares of stock, subject merely to defendant’s option to relieve himself from the delivery of the stock by paying five thousand dollars on or before the first day of…