Wolfskill

This is an action to recover $400 alleged to have been collected by defendant from one Mary A. Black in pursuance of an agreement on her part to “refund” a cer *397 tain $400 previously paid out by plaintiff. On appeal no objection is made to the complaint, and it seems to be conceded that it is sufficient to support the judgment. The appeal is from the judgment alone, and the record consists of the judgment-roll only, and contains no bill of exceptions. The only reason urged for a reversal ef the judgment is that the findings of the court do not correspond with the allegations of the complaint, are self-contradictory, and are in conflict with the issues” made by the pleadings. There are two findings of fact, numbered, respectively, 1 and 2. The matter set out in the transcript headed “Findings,” and purporting to be findings drawn in blank but not signed or filed, is of no significance, and will be disregarded. In finding 1 the court finds each and every allegation of plaintiff’s complaint to be true. Treating the complaint as stating a cause of action—and we think it does—this finding alone is sufficient to support the judgment. It has long been held that a finding by reference…