Kvale

The plaintiff was given judgment on the pleadings for the sum of $666.60 and interest thereon, the amount demanded in the complaint, and the defendant has appealed. The answer admits an indebtedness of $594.10 but denies any greater indebtedness. Respondent’s brief correctly states the following facts:

The answer, among other averments, alleges that the 123 lambs weighed in the aggregate only 5,580 pounds, but that, “by reason of the fact that one of the peas on the scales had been moved without the knowledge of this defendant, or of the public weighmaster in charge thereof, ... all 123 lambs appeared to weigh 6305 pounds instead of their actual weight of 5580 pounds; that said public weighmaster thereupon delivered his certificate to these parties, which certificate showed said lambs to have weighed 6305 pounds, and acting solely upon said weights as described by said certificate, said defendant drew his check in favor of said plaintiff in the sum of $666.60 instead of the correct sum of $594.10. . . . That said check was immediately delivered to the plaintiff. That the making, executing and delivery of said check in the sum of $666.60 by defendant was done and performed by…