Lawson

This action was brought by plaintiff to recover eight hundred dollars, for hogs alleged to have been sold by plaintiff in one lot, and $825 for cattle sold by him in another lot, to defendants Steinbeck and Moore, it being particularly alleged that Moore was authorized by Steinbeck to act as Steinbeck’s agent in making said purchases. Steinbeck answered, denying the purchase of the stock, and also denying that Moore was at any time his agent in the matter. No proceedings were taken in the trial against Moore, and plaintiff had judgment against Steinbeck, from which judgment this appeal is taken.

[1] The lower court found that prior to any of the transactions had between plaintiff and Moore, Steinbeck and Moore had entered into an agreement, to the effect that Steinbeck would pay the owner for all livestock purchased by Moore and shipped to, and received by, Steinbeck, and that he, Steinbeck, would honor drafts drawn by Moore upon Steinbeck, in favor of the seller, in payment for the livestock so purchased and shipped to and received by him. The agreement also provided that Steinbeck would slaughter or otherwise dispose of the livestock, and, after deducting from the proceeds…