Ambrose

This is an appeal from the judgment in favor of the plaintiff. The action was brought to recover damages because of the refusal of the defendant to furnish to plaintiff a quantity of lumber which plaintiff claims he was entitled to receive.

The controversy between plaintiff and defendant is the outgrowth of the execution and delivery of a promissory note of one Henry E. Bothin to Southern California Utilities Company, for five thousand dollars, dated December 3, 1913, payable one year after date. Simultaneously with the delivery of this note there was executed in favor of and delivered to Mr. Bothin, five one thousand dollar notes of said company. Pursuant to the resolution of Southern California Utilities Company the Bothin note was indorsed without recourse and placed in the hands of one Franklin Helm, the promoter of the Southern California Utilities Company, for negotiation. It was the understanding of Mr. Bothin at the time he executed this note that it would be negotiated in order to raise funds to be disbursed in the development of an irrigation project, which, if consummated, would result in his own financial gain. Helm employed one Vigus, a broker, to sell the note, and…