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have mentioned? A. Yes, sir. We found Mr. Lighthall there. He was buying and taking wheat for this elevator company. * * * Q. When you got to the elevator, did you see anybody exercising authority there, in purchasing and taking in grain, besides Mr. Lighthall? A. No, sir. Q. Did you speak to him about this grain? (Objected to by defendant on the ground that no authority on the part of Lighthall to speak for defendant has been shown; that his statements offered to be proved relate to a closed and past transaction, are hearsay, and incompetent. Objection overruled, and defendant duly excepted.) A. Yes, sir. Q. What did he say? (Defendant objected same as last above. Same ruling, and defendant excepted.) A. He said he had received grain from this McCann the night before—some time before; that he had received forty-nine bushels and fifty pounds. Q. Did you make a demand on him for wheat delivered by McCann? (Objected to by defendant as incompetent; that no authority on the part of Lighthall has been shown to entertain such a demand upon the defendant. Objection overruled, and defendant excepted.) A. I did afterwards. Q. Have you ever had any pay, or the wheat returned which is mentioned in the complaint? A. No, sir.” On cross-examination witness stated that he traced the wagon track into town, and up toa point within ten rods of the defendant’s elevator. Witness further stated: “I do not know what Mr. Lighthall’s authority was as agent of the defendant. All that I know is what I saw him do. The only thing I saw him do was to receive wheat, and issue tickets for wheat received.” It appeared that there was no other elevator at La Moure. This constitutes the substance of the evidence relative to points controverted in this court. Defendant offered no testimony. Both parties rested the case. The defendant thereupon moved the court to direct a verdict in favor of the defendant upon the grounds: “First, there is no competent evidence before the court or jury showing that the defendant ever received any wheat, the property of the plaintiff; second, that it is not shown that the plaintiff ever demanded this wheat from the defendant, or any authorized agent of the defendant, and, further, that it is not shown that defendant, upon due demand, refused to de-