Orkow

sued for an accounting under a written assignment. From a judgment in her favor the defendant has appealed upon typewritten transcripts.

Plaintiff and defendant were husband and wife. On September 1, 1926, while living together in the state of New York, the defendant executed and delivered to the plaintiff an assignment in these words:

Thereafter the plaintiff sued in the state of New York for a divorce. She prayed for alimony but the decree, which was in her favor, did not award alimony and did not refer to the assignment. On August 11, 1930, plaintiff commenced this action in Los Angeles County. She alleged the execution of the agreement and that defendant had obtained considerable sums of money from the sale of plays, novels, motion picture scenarios and stories. On the trial the execution of the contract was proved along with the fact that for twenty-eight weeks defendant had been employed by Warner Brothers at a salary of '$400 a week. The character of his employment was not shown and when he offered to prove that none of these earnings came from writing under the terms of the assignment his offer was rejected, the trial court ruling that the assignment covered all earnings…