Allsopp

The complaint alleges that on or about June 17, 1897, the plaintiff and the defendant entered into a contract whereby the defendant agreed to sell to the plaintiff a five-stamp mill with certain accessories for the sum of $5,000; that thereafter by agreement the price was increased to $5,050; that thereafter, on or about the twenty-third day of September, A. D. 1897, the defendant offered to deliver the said property to the plaintiff and he accepted the said offer, and thereupon he paid defendant the sum of $5,050. There is no denial of these allegations. It is further alleged that on or about October 4, 1897, the defendant agreed with the plaintiff to resell for him the said property and to account for the sales as they were made, and thereupon defendant took possession of the property for said purpose. The answer admits the agreement, but denies that the defendant took possession for the purpose of resale, but alleges that it always had possession, and that no part of the property was ever delivered to plaintiff but had been left with defendant at the request of plaintiff. The finding of the court in that behalf was in accordance with the foregoing allegations and admissions of…