Merz

This is an appeal by the defendant from"' the judgment herein in favor of the plaintiff. The facts are summarized in appellant’s opening brief as follows:

: Plaintiff testified: “On September 12th in the morning' about 10 o’clock a young fellow came into my place, Mr.. Johnson there, and asked if he could buy a couple of tires on time. I told him no, I didn’t know him, in a nice way,.told him I didn’t do business that way. Along in the afternoon about one or two o’clock Jim Poole and Johnson came: into the store, looked at the tires, and Jimmy says, ‘Well, I owe this fellow some money. ... You give him the tires' and charge them to me. ... I would like a little time on this. I will pay half of it on October 1st and I will pay you every two weeks, one quarter. . . . The next day Johnson brought the two wheels in, put the tires on. I charged them-to Jim Poole, wrote the terms out on a slip which I have here and Johnson signed it received by him. . . . That was the market price at that time.” Another witness, one of the plaintiff’s clerks, testified that at the time referred to in the plaintiff’s testimony,' the defendant said to the plaintiff, “Go ahead, put the tires on, Charlie,…