1. The court did not err in refusing to continue the case because of the absence of a witness who had not been subpoenaed (Civil Code (1910), § 5715) ; the evidence supports the verdict; and the motion for a new trial was properly overruled.

2. The request for an award of damages under the Civil Code (1910), § 6213, because it is contended that the case was taken up for delay only, is denied. Judgment affirmed.