Prentice

The respondent has moved this court to dismiss the appeal taken by appellant from a judgment rendered by the trial court in favor of respondent or to affirm the judgment of the trial court. The motion is presented in accordance with the provisions of section 3 of Rule V of the Rules for the Supreme Court and the District Courts of Appeal. The grounds of the motion are that the appeal has been taken solely for the purpose of delay and that the questions upon which the decision of the cause depends are so unsubstantial as to require no further argument.

Examination of appellant’s opening brief discloses that the following questions are stated as those which are presented upon this appeal: (1) The admission, over appellant’s objec tion, of incompetent evidence, (2) that the trial court erroneously found that no agreement had been made by the parties for an extension of time within which appellant might pay his debt to respondent, (3) that the court considered evidence outside the record.

The most important of these three questions is that the court made an erroneous finding that no agreement had been entered into by the parties that appellant should have an extension of time within…