Beardsley Land & Investment Co. v. Superior Court

There is now pending in respondent court an action entitled “Ralph Pleasant, Plaintiff, v. Beardsley Land and Investment Company, Defendant.” The company is an Arizona corporation. From the complaint in that action it appears that plaintiff’s assignor, one Carl Pleasant, had entered into sundry contracts and business relations with the corporation, and also that he was indebted to various creditors in sums which in the aggregate amounted to a sum in excess of $75,000; that on the seventeenth day of May, 1928, by an agreement in writing between the corporation and Carl Pleasant, the corporation assumed and agreed to pay this outstanding indebtedness of Carl Pleasant; that the corporation failed and refused to pay any part of said indebtedness save and except the sum of $5,000 and the sum of $500, which it did pay upon account of two of said claims of creditors; that after breach of the contract by the corporation, Carl Pleasant sold and assigned to the plaintiff his claim against the corporation arising out of said breach of contract. The complaint asks for judgment against the corporation in a sum in excess of $69,000.

Upon instituting said action, the plaintiff therein obtained…