Kreuzer

This is an action to recover the sum of $600, which is alleged to have been paid out by the plaintiff for the use and benefit and at the request of the defendant. This allegation was denied by the defendant in his answer, and upon trial of the issue the court found in favor of the defendant and rendered judgment accordingly, from which this appeal is taken by the plaintiff.

The ground urged by appellant in support of his appeal is that the finding of the court in favor of the defendant is against the evidence.

The record discloses little, if any, dispute as to the facts giving rise to the controversy. Kreuzer, the plaintiff, and Stradt, the defendant, were fellow employees and friends. The latter, being the owner of a ranch, desired to purchase some agricultural machinery and enlisted the help of Kreuzer to this end. Stradt was also the owner of an unsecured promissory note in the sum of $500 executed by J. P. Niel, L. R. Ferris and S. M. Williams, and his wife owned a building lot, and it was understood between Kreuzer and Stradt that this note and lot must constitute the fund for the purchase of the machinery. After some effort Kreuzer entered into negotiations with the…