This affiant J. N. Taylor being duly sworn deposes and says:
That on or about the 24th day of September, 1877, I was employed by this defendant corporation in the above entitled action to keep the books and accounts of the affairs of said company at Andrews Station, being in said employment until on or about the 20th day of May, 1878, and most of the time I stayed at said station.
During the month of September, 1877, Mr. R. C. McPherson presented to me an order from R. S. Baker for one hundred barrels of oil. I informed Mr. McPherson substantially that I had nothing to do with the delivery of the oils under the Denton lease, and had no authority to take any steps in the matter, and that he would have to see the parties controlling the company at San Francisco.
The delivery of oil under the Denton lease was not within the scope of my employment, and I never had any authority or anything to do with the proper cut of any royalties under said lease.
Joseph N. Taylor
July 11, 1878