Sanguinetti

Action for an accounting. The court found that within the past two years plaintiff sold and consigned to defendant goods, wares and merchandise, and deposited with and paid to defendant money, at his instance, amounting to $1,206.73, and that during the same period defendant sold and delivered to plaintiff, and she received from him, goods, wares and merchandise from the store of defendant, and also money paid, amounting to $793.34; that on May 27, 1898, there was due plaintiff from defendant, as balance of the account between them, the sum of $413.39, for which amount plaintiff had judgment. Defendant appeals from the order denying his motion for a new trial.

The only question presented by the appeal relates to an item for $700 claimed by defendant, but disallowed by the court. Plaintiff is the widow of G. Sanguinetti, who died in November, 1896. At her request, defendant was appointed administrator of her husband’s estate. At his death Sanguinetti was farming a small tract of land (about seventy acres), under a lease from one Weber, which, I infer from the evidence, includes the year ending September, 1897, inasmuch as Weber presented a claim against the estate for the rental,…