The jury returned a verdict for plaintiff in this suit on an oral contract and a judgment was entered accordingly. The single enumeration of error concerns the correctness of the trial court's ruling in not admitting the testimony of defendant as to statements made by a third party concerning the oral contract. There was no error. In order to gain admission of these declarations, defendant had to show that the third party was plaintiff's agent at the time. Colt Co. v. Wheeler, 31 Ga. App. 427 (5) (120 SE 792). There was no evidence that the declarant was plaintiff's agent.

Short & Fowler, Larkin M. Fowler, Jr., Crosby & Hege, David Roy Hege, for appellee.