Barrere

The allegations of the complaint in this •action are as follows:

A general demurrer to the complaint was overruled, and the defendant answered, and, 1. Specifically denied the several averments of the complaint; 2. Alleged the deposit of said sum under an agreement in writing executed by the parties to the action, a copy of which is attached to the answer, and which is as follows:

The second defense, after alleging the substance of the contract, alleged that plaintiff received from the defendant, under said agreement, one horse of the value of one hundred and twenty-five dollars, one wagon, and one hundred and sixty bottles of the value of one dollar each; that plaintiff failed to return said horse and said bottles, and damaged said wagon while in his possession to the extent of ninety-seven dollars and fifty cents, and on the termination of said contract failed and neglected to disclose to defendant the names and addresses of his customers, whereby said customers were lost to defend-, ant, to his damage in the further sum of five hundred dollars, and stated the aggregate of his damages at eight hundred and eighty-two dollars and fifty cents. The same facts were also alleged by…