Roullard

This is an action for the recovery of a part of the purchase price of an automobile, brought by the assignee of the vendor. The defendant denied the purchase of the automobile. The trial court rendered judgment for the plaintiff and defendant appeals. The appellant sets ont numerous alleged errors of law in the admission of testimony, etc., and also contends that the evidence does not support the findings or the judgment.

The evidence shows that the automobile was sold by the plaintiff’s assignor to Hazel I. Gray, then the wife of the defendant herein; that an old automobile, the property of the defendant, was traded in at a valuation of $450, a payment of five hundred dollars was made by check drawn upon the account of defendant and signed “Donly C. Gray by Hazel I. Gray,” and the personal note of Hazel I. Gray was given for the balance. The defendant, Donly C. Gray, was not present during the transaction, and the account was carried upon the books of the vendor in the name of Hazel I. Gray. The bank paid the cheek drawn on the defendant’s account for a part of the purchase price of the automobile and defendant did not object to this signature; he did not repudiate the…