Simpson

The action was brought to recover of the defendants the sum of $341.02, the price of a lot of baled hay, alleged to have been sold to them by the plaintiff. The defendant Young was not served with summons, and plaintiff proceeded to trial as against the other defendants; they answered, putting in issue the allegations of the complaint, and the court found in their favor, and rendered judgment accordingly. The appeal is from the judgment and the order denying plaintiff’s motion for a new trial.

It is contended by the appellant that the findings are not supported by the evidence. But from plaintiff’s own testi mony it appears that the hay in question was sold to the defendant Young alone. He says: “In November, 1897, I sold Mr. Young this hay in controversy, amounting to $341, put on the cars down here at the depot, and charged it up to Mr. Young on my books. At that time I knew of Porter Brothers Company, but had never met them. I hadn’t heard of Moger.” In payment for the hay, it appears, Young gave an order on Moger, payable to the plaintiff, for the price of the hay, which order Moger accepted, and the plaintiff testifies: “When I received the order from Young, which was…