The court below committed no error in refusing to enter judgment for want of a sufficient affidavit of defense. The copy of the contract filed by the plaintiffs does not upon its face show any liability on the part of the defendants; and this defect was not cured by the averments. The receipt of the consideration money ($500) was acknowledged on the paper, and it is nowhere averred that it was not paid. The case will have to go to a jury.

Judgment affirmed.