Kraft

This is an action upon a promissory note made by the defendant December 1, 1888, for $7,981, payable to plaintiff or his order one day after date, with interest at nine per cent per annum, and in case of a suit for the collection thereof with five per cent upon the amount found due as attorneys’ fees. Plaintiff claims a balance due of $3,838, besides interest, and $191.90 as attorneys’ fees and costs. Defendant answered, admitting the execution and validity of the note, and set up two counterclaims, aggregating $5,937.50. These counterclaims were disallowed by the court and judgment rendered in favor of plaintiff, from which, and from an order denying defendant’s motion for a new trial, he appeals.

The whole case turns upon the validity of defendant’s counterclaims. The cause was tried by the court without a jury, and the facts as found, bearing upon the questions involved, although lengthy, are essential to an understanding of the ease, and are as follows:

The foregoing are special findings, and are in addition to the general findings in the case in which it is found that Alexander had authority to sell the mules, etc.

Prom the findings, the court below concluded as matter of…