Heald

— This is an action to recover $2,370.48 on account of goods, wares, and merchandise sold and delivered by plaintiff to defendant, at his special instance and request, and also for money paid and expended for the use of defendant, in the sum of $827.47, on a balance of account.

Plaintiff asks judgment for the amounts, and interest upon the items of the account from the time they became due.

Defendant admits a certain amount of the indebtedness, and denies the balance.

At the trial, judgment went against him, and he appeals from the judgment, and the order denying his motion for a new trial.

*634 The plaintiff is the owner of a store at Nashville, El Dorado County. Defendant resides at the city of San Francisco, and owns a mine near plaintiff’s store. The goods, wares, and merchandise, upon account of which this action was brought, were furnished by plaintiff to one Stein-Krenig, who kept a boarding-house at this mine for the purpose of boarding the men therein employed.

The evidence was quite contradictory in many respects, and in those particulars must be held to support the judgment.

Stein-Kcenig, it appears, had neither capital nor credit, and in order that he might…