Wollpert

— The plaintiff brought this action against the defendants for the recovery of $881.67, alleged to be due it for goods sold and delivered to the defendants, who set up a counterclaim to an amount greater than that sued for by the plaintiff.

The court found in favor of the plaintiff to the extent of its demand, and also for the defendants to the extent of $1,658, and rendered judgment in favor of the latter for the difference between the value of the goods sold and delivered and the amount allowed on the counterclaim.

This appeal is from that judgment, and an order denying a new trial.

The first point made by the appellant is, that the court erred in finding, upon the evidence, that the plaintiff ever agreed to sell the defendants the goods which the former failed and refused to deliver the latter. The argument in this connection being that the proof showed that the alleged sale was made by an agent of the plaintiff of goods that were to be manufactured, which agent was one selling furniture on commission, and that it was not within the scope of his authority directly or ostensibly to make such a sale binding on the plaintiff.

The evidence as to the scope of the agent’s…