Under the answer of the magistrate (to which no exceptions were filed), it does not affirmatively appear that the contract sued upon was ever tendered or admitted in evidence; and the judge of the superior court did not err in overruling the certiorari. Taft Co. v. Smith, 112 Ga. 196 (37 S. E. 424); Landrum v. Moss, 1 Ga. App. 216 (57 S. E. 965). Judgment affirmed.