Engebritsen

Prior to September, 1913, plaintiff copartnership contracted with defendant copartnership to print and bind a certain lot" of text-books for defendant. When the work was completed defendant copartnership was unable to pay the full amount due to the plaintiff on the contract, and a supplemental agreement was thereupon entered into where-under the defendant executed to the plaintiff its promissory note in the sum of three hundred dollars, and it was agreed between the parties that three thousand copies of the book then ready for delivery should be held by the plaintiff as security for the payment of the promissory note. In this action plaintiff sought to recover judgment on the three hundred dollar promissory note. The defendant, by answer and cross-complaint, pleaded that the three thousand .books had never been delivered to it. Answering the cross-complaint, the plaintiff set up that the three thousand books had been destroyed by fire while in its hands. Affirmative judgment for the sum of two hundred dollars damages was entered in favor of the defendant. This appeal is taken from that judgment and is presented on the judgment-roll alone.

In the supplemental agreement…