Moore

— This appeal is upon the judgment roll, which, however, includes a hill of exceptions, settled at the time the decision was ■ made, under section 649 of the Code of Civil Procedure.

The action was brought to recover eight thousand four hundred dollars, alleged to be due from the defendants upon a contract made by them with plaintiff, whereby they agreed to purchase certain shares of stock in a mining corporation, upon terms agreed upon.

There was also a cause of action set up for moneys laid out and expended for the use of defendants.

*487 It was therefore a suit founded upon an alleged joint obligation on the part of the two defendants.

After suit brought, Schofield died, and his administrator was substituted in his place. Chapman made default, but the administrator of Schofield answered, denying each material allegation of the complaint, placing his denials on the ground that he had no information or belief on the subject sufficient to enable him to answer.

At the trial, plaintiff called as a witness the defendant W. S. Chapman, whose default had been duly entered, and offered to prove by him the contract set forth in his complaint. To this evidence the defendant…