Plaintiff brought suit to recover $490.09 of the defendant Lockman for goods sold and delivered. Lockman admitted that be was due the plaintiff $352.80. The controversy between the plaintiff and Lockman was reduced to an issue of fact wbicb was submitted to the jury under instructions free from error and answered in favor of the plaintiff.

We find no error in sustaining the demurrer of the defendant, Grant Phillips, to the answer of his eodefendant.

No error.