Kinsey

This is an action to recover from defendant the total sum of $634.65, alleged to be due plaintiff on two different accounts.

The plaintiff is engaged in the lumber business, its principal place of business being in the city and county of San Francisco. One K. Benneche was, at the time that some of the transactions involved herein took place, the owner of a lumber business at Penn Grove, Sonoma County. During the time that said Benneche was engaged in conducting said lumber business, the defendant, Kinsey, a building contractor, dealt with and purchased lumber from Benneche for the purposes of his (defendant’s) business. While these relations existed between Benneche and Kinsey, the former sold and transferred his lumber business to the plaintiff, but remained at Penn Grove as manager for plaintiff of said lumber business. After this transfer of said lumber business and the properties connected therewith, Kinsey continued to buy lumber at said lumber-yards as so conducted by the plaintiff.

The complaint sets up two causes of action, both in the form of common counts. The first is for the sum of $243.90 and is based on an account accruing after plaintiff became the owner of the…