Budd

A judgment by the court sitting without a jury went against defendants, who, after denial of their motion for a new trial, appealed.

Plaintiff represented an eastern cloth house and took an order from defendants for certain goods. The goods were delivered and a comparatively small amount thereof used before defendants, claiming them to be practically useless and not according to sample, returned the articles by express and refused payment. This action resulted. The trial court found for plaintiff on conflicting evidence and this court will therefore not further consider the evidence on this point, but will examine into the several points made in the inverse order of their statement in appellants’ brief.

Appellants’ Fourth Point: “The finding ‘that the goods, wares and merchandise sold and delivered by plaintiff’s assignor were as represented’ is not supported by the evidence.” We have passed upon this point in the statement above made.

Appellants’ Third Point: “Finding No. VI is not supported by the evidence.” Finding No. VI reads as follows: “That it is true that the S. & B. Knitting Company, Inc., duly made and executed a good and sufficient assignment, prior to the filing of…