Hamilton

The action is for damages for the breach of a certain written agreement entered into and executed by the parties hereto.

The complaint alleges that, prior to the eighteenth day of July, 1914, one E. F. Crist owned, operated, and conducted a saloon and retail liquor business in the town of Dunsmuir, Siskiyou County; that said Crist was indebted to the plaintiff and to numerous other creditors for goods, wares, and merchandise sold and delivered to him by said creditors; that said Crist wras then and there unable to pay said indebtedness, and that “all of said indebtedness is still unpaid; that at the suggestion and by and with the consent of this defendant and this plaintiff, the said Crist, on or about said eighteenth day of July, 1914, transferred, assigned, and conveyed to the defendant all his rights; title, and interest in and to the said business and all the property of any kind connected with and appertaining thereto, including the saloon license granted by the town of Dunsmuir,” in trust for the benefit of all of said creditors, with the understanding and agreement then and there expressly made and had between said Crist and this plaintiff and defendant that the said…