Robinson

Plaintiff declared upon two causes of action; First, for the services -and use of eleven certain pack mules for a period of seventy-seven days at an agreed, price of one dollar per day for the service of each, the complaint averring an obvious aggregate amount of $847, and alleging an unpaid balance thereon of $697. The second cause of action was on account of the sale and delivery by one Gunn to defendant of certain ore at an agreed price of $861.03, and the assignment of the cause of action on account thereof to plaintiff. The answer denied the hiring of the pack mules and the agreement to pay therefor any indebtedness on account thereof. As to the second cause of action, the only denial related to the assignment and the amount remaining unpaid.

The court found the allegations of the complaint to be true, that the denials of the answer were untrue and rendered judgment for plaintiff. Motion for new trial was denied, and from the order denying such motion defendant appeals.

The only matters involved upon this appeal relate to the sufficiency of the evidence to support the findings and certain exceptions to the admission of evidence. The record discloses ample evidence in…