Other  minor  objections  are  urged,  which,  it  is  sufificient  to  say,  we
have  examined  with  care,  but  we  find  no  prejudicial  error.
The  judgment  of  the  Appellate  Court  will  be  affirmed.
Judgment  affirmed.^'


FIRST   NAT.   BANK   OF  HUTCHINSON  v.   LIGHTNER.
(Supreme  Court  of  Kansas,  1906.     74  Kan.  736,  88  Pac.  59,  8  L.  K.  A.  [N.
S.]  231,  118  Am.  St  Rep.  353.)

The  court  made  the  following  special  findings  of  fact  and  conclu-
sions of  law :

"That  the  Snyder  Planing  Mill  Company  entered  into  a  contract
with  the  defendant,  Lightner,  for  the  erection  of  a  certain  barn  at
the  contract  price  of  $3,500.  That  prior  to  the  completion  of  said
barn,  and  on  September  28,  1903,  the  Snyder  Planing  Mill  Company
was  duly  adjudicated  bankrupt,  and  the  defendant,  Lightner,  was
compelled  to  and  did  complete  the  barn.
"That  prior  to  the  adjudication  of  the  Snyder  Planing  Alill  Com-
pany as  bankrupt,  at  the  request  of  said  company,  Lightner  accepted
two  orders,  one  for  $1,000  and  one  for  $1,500  which  said  orders  and
acceptances  were  identical  with  the  exception  of  the  amounts  and
dates.    The  one  for  $1,500  reads  as  follows:

««  Accord:  McNight  v.  Parsons,  136  Iowa,  390,  113  N.  W.  858,  22  L.  R.
A.  (N.  S.)  718.  125  Am.  St.  Rep.  205  (1907).
Ch.  1)  FORM   OF   BILL   AND   OF   NOTE.  61)

"  'Hutchinson,  Kansas,  Aug.  10,  1903.
"  'G.  W.  Lightner,  Offerle,  Kansas— Dear  Sir :  Pay  to  the  order  of
the  First  National  i^ank  of  Hutchinson,  Kansas,  on  account  of  con-
tract between  you  and  the  Snyder  Planing  Mill  Co.  $1,500.
"  'The  Snyder  Planing  Mill  Co.,

"  'Per  J.  F.  Donnell,  Treas.
