Puterbaugh

Action in form by common count for money had and received for the benefit of respondent. The amount involved was the sum of one thousand dollars. Plaintiff had judgment, from which the defendant appealed and presents the judgment-roll and a bill of exceptions.

The testimony introduced on behalf of the plaintiff (and there was none submitted in support of appellant’s answer), showed that defendant held an equal interest in certain real property in the county of San Diego with the husband of plaintiff; that desiring to dispose of the same,, a purchaser was found by the owners, who agreed to pay therefor the sum of seven thousand dollars; an escrow agreement was prepared and left with a title company at San Diego, together with a deed of the property signed by defendant and plaintiff’s husband. The sum of four thousand dollars was paid shortly after the making of the escrow and a few months later the balance of three thousand dollars was received by the defendant who, throughout the transaction with the title company, was authorized to collect the proceeds of the sale on behalf of his co-owner as well as himself. At the time the escrow transaction was closed the husband of plaintiff…