The opinion of the court was delivered by

From the facts stated in the report, we think that the defendant’s contract was an original undertaking, and not collateral or conditional; and that he became responsible ibr the purchase of the first lot of ash lumber; but that the defendant is not responsible for the lumber afterwards purchased by John T. Bryant, amounting to $53.20, which was included in the first item and in the judgment below.

The pro-forma judgment of the County Court is therefore reversed, and judgment for the plaintiff on the report for the same sum (less $53.20), with interest.