Frazier

This is an appeal from a judgment entered against the defendant in the sum of $310.35 on account of certain gaspipe alleged to have been sold by plaintiff to the defendant and for which m> payment was made,

Appellant urges as a reason for the reversal of the judgment that the evidence was insufficient to support the finding of fact that the contract of sale was made as alleged in the complaint. An examination, however, of the record discloses the fact that there was substantial evidence to justify such conclusion on the part of the judge of the trial court, and the rule is so well settled as to require no citation of authority that in such circumstances the finding of the trial court cannot be disturbed on appeal.

The contract in question was entered into between plaintiff and a district superintendent of the defendant, and it is claimed that there was no authority on the part of such agent to conclude the contract. The evidence shows that it was a part of the recognized duty of the district superintendent to attend to the very business which was the foundation for the purchase of the pipe, and that in another transaction, which was a part of, or at least closely connected with,…