Valentini

The plaintiff commenced an action against the defendant to obtain a judgment in the sum of $3,000 as for moneys had and received. The jury returned a general verdict in favor of the plaintiff for $1,056. The defendant made a motion for a new trial; his motion was denied, and the defendant has appealed under section 953a of the Code of Civil Procedure.

Prior to the year 1918 the plaintiff obtained from the defendant a lease on certain farming lands. That lease expired by virtue of its own terms. The plaintiff continued on the premises, holding over from year to year under the lease. This was the plaintiff’s status on April 15, 1918, when a meeting was held in the office of his attorney. At that meeting there were present besides the attorney, Mr. Iversen, the plaintiff and the defendant. On the conversations held by those three persons at that time the case largely turned. The plaintiff and Mr. Iversen were both called to the stand as witnesses. Mr. Iversen testified that the plaintiff had come to him for advice, and that thereupon Mr. Iversen sent for Mr. Gobbi, and, pursuant to such request, Mr. Gobbi called. He also testified that the two principals engaged in many disputes on…