Monteverde

The complaint alleges that on or about the twenty-fourth day of January, 1921, the defendant became indebted to Mary Monteverde in the sum of $1,239.22 ‘ ‘as and for money had and received by the defendant from the said Mary Monteverde in successive and continuous monthly payments . . . for the use and benefit of said Mary Monteverde”; that she assigned her claim for said money to plaintiff and that no part thereof has been paid. The answer denies the allegations of the complaint. The court found that the claim of Mary Monteverde had been duly assigned to plaintiff 'as alleged but that the other aforesaid allegations of the complaint are untrue and gave the defendant judgment for costs. Plaintiff appeals from the judgment.

The case was submitted in the trial court upon an agreed statement of facts. From such statement it appears that by two written contracts, dated respectively July 5 and July 12, 1911, the defendant agreed to sell and Mary Monteverde agreed to buy two lots in North Sacramento Heights at the price of $700 each, an initial payment of $70 to be made on the first lot and $10 on the other, the remainder to be paid at the rate of $10 a month on each lot. The terms of…