Firebaugh

By the complaint herein the plaintiff seeks to recover upon a written contract made to him by the defendants Hovember 4, 1895, for the payment of nine thousand five hundred dollars in installments of five hundred dollars, payable on the tenth day of each month thereafter. In the answer originally filed, the defendants pleaded want of consideration for the execution of the instrument, and that it was made as a donation or gift; and by amendments thereto subsequently filed they pleaded that it was obtained by the plaintiff by duress and fraud, and also that it was illegal, and there- • fore void. The cause was tried by the court, and findings of fact were made in accordance with the answer, and judgment rendered in favor of the defendants, from which the present appeal has been taken.

There was evidence before the court from which it was authorized to make its findings of fact, and the correctness of the judgment must depend upon the sufficiency of these findings to support the judgment. If the findings of fact that are within the issues presented by the pleadings are sufficient to uphold the judgment, it will not be set aside because there are also findings outside of these…