Biurrun

The complaint alleges that defendants, within two years immediately preceding the commencement of this action, became indebted to plaintiff in the sum of $6,300 for and on account of money “had and received by said defendants to the use of and benefit of plaintiff,” etc., that said sum “and the whole thereof is still due, owing and unpaid.”

The defendants Ramirez and Elizalde filed separate answers to the complaint. The former denied that he became indebted to plaintiff in the sum alleged in the complaint, or in any other sum, within “the two years last past immediately preceding the commencement of this action, or at any time,” and denied that there is due plaintiff from him said sum or “any sum or at all,” etc.

Elizalde by his answer admitted that, within the time mentioned in the complaint, “defendants did become indebted to plaintiff in the sum of $6,300.00, for and on account of nine hundred head of sheep sold defendants by plaintiff,” but denied that “there is now due to plaintiff from defendant” (Elizalde) the sum named or any sum; that, “within the last two years past” he (Elizalde) paid to defendant Ramirez the sum of $6,300, “as and for plaintiff herein”; that said…